HEMAN BIHARI SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. Ashok Potsangbam, learned senior counsel for the appellant and also Mr. Kh. Nimaichand Singh, learned State Counsel.

(2.) The appellant herein as writ petitioner filed WP (C) No.548 of 2000 praying for appropriate directions for review of the DPC proceedings held on 20.12.99 (AnnexureX/10) with other consequential reliefs. The appellant along with seven other officers were promoted to the post of Superintending Engineer (Electrical) on the basis of the recommendation of the DPC held on 20.12.99 under the auspices of the Manipur Public Service Commission. The appellant, despite promotion, was aggrieved as he was placed below the respondent Nos 6, 7, 8 and 9 in order of merit.

(3.) The learned Single Judge dismissed the writ petition primarily on the ground that the respondent authority had made their own assessment, which cannot be termed as arbitrary and discriminatory and the Court in judicial review is not permitted to act as a Court of appeal.