1981 (8) TMI 235

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....f Superintendent of Police to that of Deputy Superintendent of Police. 2. The facts giving rise to the dispute between the appellant and the State of Madhya Pradesh are now admitted on all hands and may be briefly stated. Prior to 13th April 1960 the appellant was a member of the Madhya Pradesh State Police Service and was working as a Deputy Superintendent of Police. On that date a meeting of the Committee set up in accordance with regulation 3 of the India Police Service (Appointment by Promotion) Regulations, 1955 (hereinafter called the Regulations) was held, and therein was prepared a list of such members of the State Police Service as were eligible and suitable for promotion to the Indian Police Service. The said Committee is popul....

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....urned down by the learned Single Judge of the High Court, who dismissed the appellant's petition, with the following observations: "The contention of learned counsel for the applicant that the giving of reasons under sub- regulation (5) of regulation 5 for superseding an officer makes the order justiciable, does not appeal to us. It is not for the Court to see whether the reasons given by the Committee are sufficient or not, but it is for the State Government and the Central Public Service Commission to see the sufficiency of the reasons." The contention thus rejected has been reiterated before us. 4. Regulations 5 and 7 of the Regulations may be reproduced here with advantage: "5. Preparation of a list of suitab....

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....uch modification, if any, as may, in its opinion, be just and proper.  (3) The list as finally approved by the Commission shall form the Select List of the members of the State Police Service.  (4) The Select List shall ordinarily be in force until it is reviewed or revised in accordance with sub- regulation (4) of regulation 5: Provided that in the event of a grave lapse in the conduct or performance of duties on the part of any member of the State Police Service included in the Select List, a special review of the Select List may be made at any time at the instance of the State Government and the Commission may. if it so thinks fit, remove the name of such member of the State Police Service from the Select List." It ....

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.... to "reasons for the proposed supersession." the most that could be said for the stock reason is that it is a general description of the process adopted in arriving at a conclusion. This apology for reasons to be recorded does not go beyond indicating a conclusion in each case that the record of the officer concerned is not such as to justify his appointment "at this stage in preference to those selected". "In the context of the effect upon the rights of aggrieved persons, as members of a public service who are entitled to just and reasonable treatment, by reason of protections conferred upon them by articles 14 and 16 of the Constitution, which are available to them throughout their service, it was incumbent on the Selection Committee t....