Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Promotion Office of the Accountant General |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Promotion - Office of the Accountant General - Respondent - Accountant promoted as Senior Accountant (Functional), even though he had not cleared Departmental Examination as required under the Statutory Rules - Cancellation of promotion - Challenge to - Held, not tenable - Department made mistake in promoting Respondent even-though he was ineligible and unqualified - The mistake was corrected by following due process of law - However, as Respondent is holding the post of Senior Accountant (Functional) since last 17 years and is on verge of retirement, Appellants directed to continue him as Senior Accountant (Functional) till retirement - But he would be deemed to have retired as Accountant and his retiral benefits to be fixed accordingly - Indian Audit and Accounts Department (Senior Accountant) Recruitment Rules, 1988 - rr.3 &5 - Fundamental Rules, 1922 - r. 31-A - Constitution of India, 1950 - Art. 148. Respondent, Accountant in the Office of the Accountant General, was promoted as Senior Accountant (Functional), even though he had not cleared the Departmental Examination for Accountants as required under the Indian Audit and Accounts Department (Senior Accountant) Recruitment Rules, 1988 and was therefore ineligible for promotion. Realizing its mistake, the Department cancelled the promotion of Respondent after issuing notice under Rule 31A of the Fundamental Rules, 1922 to Respondent and considering his reply. Respondent filed petition before the Tribunal. As per direction issued by the Tribunal, the case of Respondent was re-considered and rejected by the Deputy Accountant General. Respondent again filed petition before the Tribunal. The petition was allowed. That order was confirmed by the High Court. Hence the present appeal. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2007 INSC 1284 |
Petitioner | Union Of India And Anr. |
Respondent | Narendra Singh |
SCR | [2007] 13 S.C.R. 504 |
Judgement Date | 2007-12-13 |
Case Number | 5865 |
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