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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 the Secretary & Ors

Bench: 2 — Dhananjaya Y. Chandrachud, UNKNOWN

In Brief

Lieutenant General Ravi Dastane challenged the appointment of Lt Gen Dalbir Singh and Lt Gen Sanjiv Chachra as Army Commanders, arguing the decision was based solely on seniority without comparative evaluation of merit. The Supreme Court dismissed his appeal, holding that while the post of Army Commander is a selection post, seniority may be a relevant consideration. The Court found no violation of procedure: the COAS had considered service profiles of seven eligible officers before recommending the two senior-most candidates, and the Defence Minister and Cabinet's Appointments Committee approved the appointments after reviewing the material facts. An officer has no vested right to promotion based on seniority alone.

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