In Brief
The appellant, a police constable, was recommended for promotion to Head Constable in 2004 under the 10% outstanding performance quota but was dropped by the Inspector General. He was later promoted in 2008. He sought retrospective promotion from 2004, arguing that the IG had no power to reject the SP's recommendation. The Supreme Court held that the SP's recommendation is provisional and requires approval from the IG (the Cadre Controlling Authority), which is a discretionary power. Additionally, selection involves three-stage scrutiny including State-level comparative merit, and fitness must be assessed dynamically each year, not based on previous performance. Judicial review examines process, not merit. The appeal was dismissed.
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