Holding

The Supreme Court held that the Selection Committee's failure to record specific reasons violated sub‑regulation 5(5) of Regulation 5, rendering the supersession and consequent reversion invalid.

Summary

Uma Charan, a Deputy Superintendent of Police, was promoted to Superintendent under the Indian Police Service (Appointment by Promotion) Regulations, 1955. In September 1963 the Selection Committee, invoking Regulation 5, superseded him and 27 others, stating only that their records were not sufficient to justify appointment to the IPS. He was reverted to his former rank in September 1964 and challenged the supersession, arguing that the Committee had failed to record specific reasons as mandated by sub‑regulation 5(5) of Regulation 5. The Madhya Pradesh High Court dismissed his petition, holding that the reason‑giving requirement was not justiciable. The Supreme Court allowed the appeal, holding that the generic statement did not satisfy the mandatory duty to record reasons, and that the failure rendered the supersession and consequent reversion invalid. Consequently, the Court set aside the reversion order and restored the appellant’s entitlement to consequential benefits.

Issues considered

Whether sub‑regulation 5(5) of Regulation 5 imposes a mandatory duty on the Selection Committee to record specific reasons for supersession.
Whether the generic statement "records not such as to justify appointment" satisfies the requirement of recording reasons.
Whether non‑compliance with the reason‑recording requirement renders the supersession order non‑est and the reversion invalid.
Whether the High Court erred in holding that the reason‑giving requirement is not justiciable.

Legislation cited

Constitution of Indias. Article 14, s. Article 16
Indian Police Service (Appointment by Promotion) Regulations, 1955s. Regulation 5(5), s. Regulation 7

Subjects

promotionsupersessionpolice serviceadministrative lawreasoned decisionconstitutional protectionarticles 14 and 16selection committeenon‑estreversionregulations

Judgment

' 353
A

UMA CHARAN
v.
STATE OF MADHYA PRADESH AND ANR. B

August 20, 1981
'
[A. D. KosHAL, v. BALAKRISHNA ERADI AND
- ' R. B. MISRA, JJ.]
c
Indian Police Service (Appointment by Promotion) Regulations 1955-Regu/a-
tion 5(5)-Scope of-Police Officer reverted to a lower rank-Reasons for reversion-
Whether necessary to record.

On being selected by a Selection Committee constituted under the Indian
Police Service (Appointment by Promotion) Regulations, 1955 the appellant, a D
Deputy Superintendent of Police prior to 13th April, 1960, was promoted as
Superintendent of Police.

In September, 1963, purporting to act under regulation 5 of the Regulations,
the Selection Committee recommended his supersession, along with some others,
on the ground that the Committee considered that the records of "the officers
were not such as to justify their appointment to the Indian Police Service at this E
stage". He was reverted in September, 1964.

Before the High Court the appellant contended that the Selection Commi-
ttee's failure to specify the reasons for his supersession, in contravention of the
Regulations, rendered the Jist non est. This plea was rejected.
F
Allowing the appeal:

HELD : The Select List reverting the appellant to a lower post prepared
•
" in accordance with the recommendations of the Selection Committee contravened
the mandate in sub-regulation (5) of Regulation 5. [358 G]

Regulation 5(S) imposed a mandatory duty upon the Selection Committee G
to record its reasons for the proposed supersession. In the context of the protec-
tion conferred on public servants by articles 14 and 16 of the Constitution it was
incumbent on the Selection Committee to have stated reasons in a manner which
would disclose how the record of each officer superseded stood in rel a tion to the
records of others who were to be preferred. This is the only visible safeguard
against possible injustice and arbitrariness in making selections. Had that been H
done it would have been possible to correlate facts on service records considered
by the Selection Committee with the ccnclusions reached. [358 CJ
354 SUPREME COURT REPORTS (1982] I s.c.R.

A Reasons which are the links between the materials on which certain conclu-
sions are based and the actual conclusions disclose how the mind is applied to the
subject matter for a decision, They should reveal a rational nexus between the.
facts considered and the conclusions reached. [358 E]

Union of India v. Mohan Lal Capoor & Ors., [1974] I SCR 797; applied.

B CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2173
of 1970.
)

From the judgment and order dated 29th October, 1969 of the
Madhya Pradesh High Court in Misc. Petition No. 89 of 1967.
c Gyan Chand Mathur and A.G. Ratnaparkhi for the Appellant.

D.P. Mohanty and R.A. Shroff for Respondent No. I.

The judgment of the Court was delivered by

D KosHAL J. This is an appeal by certificate granted by the High
Court of Madhya Pradesh against a judgment of a learned Single
Judge of that Court dismissing with costs a petition filed by the
present appellant under article 226 of the Constitution of India
challenging his demotion from the post of Superintendent of Police
to that of Deputy Superintendent of Po lice.
E
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
F 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 popularly known as the "Selection Com-
G
mittee" and will be so referred to hereinafter. The list was approved
by the Union Public Service Commission and thus became the
Select List as envisaged in regulation 7 of the Regulations. The
appellant was accordingly promoted.to the Indian Police Service and
was posted as a Superintendent of Police which position he held till
H
the impugned reversion effected by an order dated I Ith September,
1964. The reason for that reversion was that on the 18th of
UMACHARAN v. MADHYA PRADESH (Koshal,J.) 355

September 1963 the Selection Committee reviewed the Select List, A
purporting to act in accordance with regulation 5 of the Regulations
and recommended that the appellant and 27 others be superseded.
The sole ground for the supersession was thus stated by the Selec-
tion Committee :

"The Committee consider that, on an overall assess- B
ment, the records of these officers are not rnch as to justify
their appointment to the Indian Police Service at this
stage."

3. The reversion of the appellant was challenged before the
High Court with the contention inter alia that the ground set out c
by the Selection Committee in that behalf did not specify any reason,
good, bad or indifferent, for his supersession, that under regulation 5
of the Regulations it was. duty of the Selection Committee to record
reasons and that that not having been done the review of the Select
List made on the 18th of September, 1963 was clearly in contraven- D
tion of the Regulations and, therefore, as good as non-est. Th
contention was turned 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 E
that the giving of reasons under sub-regulation (5) of regula-
tion 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 Ceutral
Public Service Commission to see the sufficiency of the F
reasons."

The contention thus rejected has been reiterated before us.

4. Regulations 5 and 7 of the Regulations may be reproduced
here with advantage : G
"5. Preparation of a list of suitable officers.

(1) The Committee shall prepare a list of such members
of the State Police Service as satisfy the condition
specified in regulation 4 and as are held by the H
Committee to be suitable for promotion to the
Service.
356 SUPREME COURT REPORTS (1982] I S.C.R.

A (2) The selection for inclusion in such list shall be based
on merit and suitability in all respects with due regard
to seniority. ·

(3) The names of the officers included in the list shall be
arranged in order of seniority in the State Police
8 Service;

Provided that any junior officer who in the opinion
)
of the Committee is of exceptional merit and suitability
may be assigned a place in the list higher than that of
officers senior to him.
c
(4) The list so prepared shall he reviewed and revised
every year.

(5) If in the process of selection, review or revision it is
proposed to supersede any members of the State
Police Service, the Committee shall record its reasons
D
for the proposed supersession."

7. Select List.

( l) The Commission shall consider the list prepared by
E the Committee along with the other documents received
from the State Government and, unless it considers
any change necessary, approve the list.

(2) If the Commission consider it necessary to make any
changes in the list received from the State Government,
F the Commission shall inform the State Government
of the changes proposed and after taking into account
the comments, if any, of the State Government, may
approve the list finally with such modification, if any,
as may, in its opinion, be just and proper.
G (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
H
reviewed or revised in accordance with sub•regulation
(4) of regulation 5 :
UMACHARAN v. MADHYA PRADESH (Koshal, J.) 357

Provided that in the event of a grave lapse in the A
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 Govern-
ment and the Commission may, if it so thinks fit,
remove the name of such member of the State Police
B
Service from the Select List."

It is not disputed that a Select List may be reviewed as stated
in sub-regulation (4) of regulation 7 read with sub-regulation (5) of
regulation 5. So all that has to be determined is whether the
Selection Committee was bound to give reasons for the supersession
c
of the appellant and whether the note recorded by it which sets out
the ground for supersession does give any reason at all.

The matter is really covered by a decision of this Court in
Union of India v. Mohan Lal Capoor and Others.(') Jn that case
D
also the ground set out by the Selection Committee for the proposed
snpersession was :

"On an over all assessment, the records of these officers
are not such as to justify their appointment to the Indian
Administrative Service/Indian Police Service at this stage in E
preference to those selected."

Except for the words "in preference to those selected" the
ground just above set out is identical with the ground given by the
Selection Committee in the case of the appellant. Rejecting this
ground as being no statement of reasons within the meaning of F
sub-regulation (5) of regulation 5, Mathew, J., speaking for the
Court, observed :

"We next turn to the prov1s10ns of Regulation 5 (5)
imposing a mandatory duty upon the Selection Com-
mittee to record "its reasons for proposed supersession". G
We find considerable force in the submission made on behalf
of the respondents that the "rubber-stamp" reason given
mechanically for the supersession of each officer does not
amount to "reasons for the proposed supersession."
H
(1) [1974] 1 SCR 797.
358 SUPREME COURT REPORTS [1982] 1 S.C.R.

A 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 bei ond indicating a conclusion in each case that th·e
record of the officer concerned is not such as to justify
his appointment "at this stage in preference to those
B selected".

"In the context of the effect upon the rights of aggrieved
)
persons, as members of a public service who are entitled lo
just and reasonable treatment, by reason of protections
conferred upon them by articles 14 and 16 of the Constitu-
.C tion, which are available to them throughout their service,
it was incumbent on the Selection Committee to have stated
reasons in a manner which would disclose how the record
of each officer superseded stood in relation to records of
others who were to be preferred, particularly as this is
practically the only remaining visible safeguard against
f) possible injustice and arbitrariness in making selections.
If that had been done, facts on service records of officers
considered by the Selection Committee would have been
correlated to the conclusions reached. Reasons are the
links between the materials on which certain conclusions
are based and the actual conclusions. They disclose how
E the mind is applied to the subject matter for a decision
whether it is purely administrative or quasi-judicial. They
should reveal a rational nexus between the facts considered
and the conclusions reached. Only in this way can opinions
or decisions 1ecorded be shown to be manifestly just and
reasonable. We think that it is not enough to say that
F preference should be given because a certain kind of process
was gone through by the Selection Committee. This is all
that the supposed statement of reasons amounts to. We,
therefore, think that the mandatory provisions of Regula-
tion 5 (5) were not complied with."

With respect we fully agree and hold that the Select List pre-
pared in accordance with the recommendations of the Selection
Committee made in its meeting held on the 18th of September 1963
contravened the mandate in sub-regulation 5 of regulation 5.
H
5. In the result we accept the appeal, set aside the impugned
judgment and quash the Select List just above mentioned in so far
UMACHARAN v. MADHYA PRADESH (Koshal, J.) 359

as it relates to the appellant, as also the order of his reversion. He A
shall be entitled to all consequential benefits even though he has
since retired from service. In the circumstances of the case, however,
we leave the parties t0 bear their respective costs.

P.B.R. Appeal allowed.
B

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