Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
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Supreme Court of India 2017-10-04 allowed

Mohammed Faizal K.A vs D. Sali and Ors

Bench: 2 — A.M. Khanwilkar

In Brief

Mohammed Faizal K.A, a police officer, challenged High Court orders that promoted respondent D. Sali in the select list for 2001 despite a two-year increment bar imposed on Sali in 1997. The key issue was whether a punishment imposed in 1997 (which continued through the check period of 1998–2000) could be considered when assessing promotion eligibility for 2001. The Supreme Court held that Faizal had locus standi to challenge the orders as they affected his seniority. The Court ruled that the High Court erred by holding that the 1997 punishment could not be considered. The Court upheld the settled legal principle that continuing penalties can be considered during promotion assessment. Consequently, the Supreme Court set aside the High Court orders and restored the earlier government order of November 2004, directing fresh seniority allocation to Sali as of January 2005."

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Service Law Civil Service Promotion Disciplinary Action Police Service Seniority

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