https://www.taxtmi.com/caselaws?id=312364 The SC set aside a Division Bench judgment that had dismissed appellants' challenge to respondent's promotion due to delay and laches. The court found the promotion involved fraud on three counts: creating an ex-cadre Executive Engineer post specifically for the respondent despite his junior status, showing thirteen vacancies when only ten existed to accommodate his encadrement, and promoting him without meeting the minimum five-year service requirement. The HC Single Judge's finding that the encadrement was illegal was upheld. The SC ruled that fraud vitiates every action and cannot be dismissed on grounds of belated challenge, particularly with reasonable explanation for delay. en-us Tue, 23 Oct 2018 00:00:00 +0530 Tue, 13 Feb 2024 17:32:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=312364 The SC set aside a Division Bench judgment that had dismissed appellants' challenge to respondent's promotion due to delay and laches. The court found the promotion involved fraud on three counts: creating an ex-cadre Executive Engineer post specifically for the respondent despite his junior status, showing thirteen vacancies when only ten existed to accommodate his encadrement, and promoting him without meeting the minimum five-year service requirement. The HC Single Judge's finding that the encadrement was illegal was upheld. The SC ruled that fraud vitiates every action and cannot be dismissed on grounds of belated challenge, particularly with reasonable explanation for delay. Case-Laws Indian Laws Tue, 23 Oct 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=312364