Promotion to IAS, SC's fiat to high courts
New Delhi: The Supreme Court has cautioned
high courts against passing interim orders in a casual manner
in matters relating to promotion to IAS cadre, saying it would
lead to "irreparable injury" to public interest.
"It is beyond any cavil of doubt that before passing
any interim order, the courts should not only consider prima
facie case, balance of convenience, and irreparable injury but
also its effect on public interest also," a bench of justices
S B Sinha and Cyriac Joseph observed.
The apex court passed the order while setting aside an
interim Punjab and Haryana High Court order of March 25, 2008
had stayed the reversion of Bhagwant Singh and five others
promotee officers who were reverted from the IAS cadre by the
state government after it was found that their elevation was
not done in accordance with the rules.
Singh and other officers challenged their reversion
before the high court which stayed the government order but in
the process stalled the promotion of six direct recruit
officers who were to be elevated to the prestigious IAS.
Aggrieved by the high court's order, the direct
recruits Prabhjot Singh Mand and others filed a civil appeal
in the apex court.