Out of turn promotion subject to judicial review

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Out of turn promotion subject to judicial review

<table border="0" cellpadding="0" cellspacing="0" width="450"><tbody><tr><td class="news" colspan="2" valign="top">The Central Administrative Tribunal (CAT) has ruled that judicial review of out of turn promotions is permissible on ground of discrimination.
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</td> </tr> <tr> <td class="news" colspan="2" valign="top">Under Article 14 of the Constitution, all the judicial forums in the country are duty bound to examine the complaints of discrimination or arbitrariness and give appropriate relief, a bench of the Tribunal headed by its Chairman Justice VK Bali said.
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</td> </tr> <tr> <td class="news" colspan="2" valign="top">"It is a settled proposition of law that power of judicial review is of paramount importance in a federal Constitution," the Bench said adding, a decision, be it a legislative or administrative, would always be open to judicial review, particularly when it is based upon discrimination.
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</td> </tr> <tr> <td class="news" colspan="2" valign="top">The Tribunal, however said the scope of judicial review would be limited only to find out discrimination, which may be writ large on the face of it.
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</td> </tr> <tr> <td class="news" colspan="2" valign="top">If in a given case, by process of reasoning, it may be stated by the department that the case of a person for out of turn promotion is not comparable with that of a person demanding such reward, it will not be permissible for the court to embark upon and enter into controversy and to return a finding of its own, observed the Tribunal.
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