Union of India and Ors. v. Debasish Biswas and Ors.
Case brief
What is this about?
WPCT 8 of 2026; Union of India & Ors. Vs. Debasish Biswas & Ors.; disposal by consent; Central Administrative Tribunal order dated 11.3.2025 in OA 350/203/2024 upheld in part and modified; APARs not evaluated by competent authority; APAR deficiencies; 'wedding out the faulty' principle; interference with order upheld; department at liberty to select more meritorious candidates upon reconsideration where posts are limited; appropriate order; exercise to be completed within ninety days from production of copy of order; counsel: Swapan Kumar Nandi, Samitendra Narayan Dutta, Tapan Bhanja (UOI); Siddhartha Sankar Mandal, Chiradip Sinha, Sharmistha Dhar (Resp. 1-9); Bipul Kumar Mandal, Tuli Sinha (Resp. 10); Bench: SUJOY PAUL, CJ. and PARTHA SARATHI SEN, J.
What did the court decide?
Petition disposed of with consent: Tribunal's order dated 11.3.2025 in OA 350/203/2024 upheld to the extent it applied the principle of 'wedding out the faulty' and interfered with the order, and modified so that, upon reconsideration of unevaluated/deficient APARs, the department may select more meritorious candidates obtaining higher marks (posts being limited); entire exercise to be completed within ninety days from production of a copy of the order.