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Supreme Court of India 2022-01-19 dismissed

Sushil Kumar vs State of Haryana & Ors

Bench: 2 — Pamidighantam Sri Narasimha

In Brief

A constable appointed in 1995 sought retrospective promotion to Head Constable with effect from 2004, claiming he should have been promoted under the outstanding performance quota that year. His initial recommendation was dropped by the Inspector General of Police (IG), though he was later promoted in 2008. The Supreme Court dismissed his appeal, holding that the IG has statutory authority to review and approve (or withhold) the Departmental Promotion Committee's recommendations. Selection is based on dynamic, year-by-year comparative merit assessments, and mere recommendation does not create a promotion right. Judicial review examines the decision-making process, not the merits of selection decisions themselves.

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