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Supreme Court of India 2019-03-01 dismissed

LT. GEN. RAVI DASTANE AVSM VSM vs UNION OF INDIA MINISTRY OF DEFENCE THROUGH SECRETARY DHQ AND ORS

Bench: 2 — Dhananjaya Y Chandrachud, Hemant Gupta

In Brief

Lieutenant General Ravi Dastane challenged the appointment of two senior officers as Army Commanders, contending the appointments were made solely on seniority in breach of selection principles. The Supreme Court upheld the appointment process, holding that while the post of Army Commander is a selection post requiring evaluation of fitness in all respects, seniority is a relevant and legitimate consideration. The Court found that the Chief of Army Staff had reviewed service profiles of seven eligible officers; the Defence Minister had independently considered all material facts; and the Appointments Committee of the Cabinet had given due approval. The appellant had no vested right to appointment and the procedural requirements were satisfied. The appeal was dismissed.

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Constitutional Law Administrative Law Military Service Selection and Promotion Procedural Justice Appointments Committee of the Cabinet

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