Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Revision of pay scale - Respondent no. 1 C appointed as Deputy Registrar of appellant college |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Revision of pay scale - Respondent no. 1 appointed as Deputy Registrar of appellant college - Opted for central pay scale - Application for appointment for the post of Registrar by direct recruitment on the pay scale of Rs.- 2375-4450 - Respondent no. 1 selected and issued appointment letter prescribing pay scale of Rs. 3000-4500 - On discovery of mistake, inquiry conducted and show cause notice issued to respondent no. 1 seeking an explanation as to why pay scale shown in appointment letter be not rectified - After consideration of reply, order of rectification passed - Claim of respondent no. 1 for pay scale which he was drawing under appointment order - High Court allowed writ petition on the ground that inquiry was tainted by bias - Held: Admittedly, the appointment order was issued pursuant to the notification of direct recruitment, therefore, respondent no. 1 cannot claim that he was promoted to the post of Registrar - Mistake was committed by clerical staff in mentioning the words 'promoted and appointed' in place of 'appointed' and showing higher scale of pay of Rs.3000-4500 - It was always open to the competent authority to correct the mistake - However, before such correction, it is incumbent on the part of the authority to inform the officer concerned that there is a mistake in his order of appointment and competent authority intends to correct the same so as to enable the officer to submit an effective reply and show that it was not a mistake but the order was genuine and in accordance with law - In the instant case, the authority had given notice to respondent no. 1 and brought to his notice that there was a genuine mistake in his letter of appointment and he was wrongly given a higher pay of scale of Rs.3000-4500 - Appellant had committed no error in correcting the letter of appointment by replacing the correct scale of pay to which respondent no.1 was entitled i.e. Rs.2375-4450, as provided in the advertisement/notification - Natural justice. Bias - Plea of - Held: The bias or malafide plea is generally raised by an interested party, the Court cannot draw any conclusion unless allegations are substantiated beyond doubt - The appellant-Institute when discovered that respondent no. 1 was drawing salary in a higher scale of pay than the scale of pay to which he was entitled constituted a five-members Enquiry Committee to look into the matter headed by respondent no.2 - So far as the allegation of malafide against respondent no.2 was concerned, though he was impleaded as a party, no specific allegation was made to substantiate such allegation - No allegation was made against rest of the four Members of the Committee - Even the other members were not impleaded as a party - In this background, it was not open for the High Court to give finding of bias against one or other member of the Committee, who decided the issue pursuant to which the notice was issued to respondent no. 1 - The High Court while wrongly held that the enquiry was tainted with bias, erred in holding that respondent no. 1 was entitled to the Central scale of pay. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2014 INSC 434 |
Petitioner | National Institute Of Technology |
Respondent | U. Dinakar And Anr. |
SCR | [2014] 6 S.C.R. 960 |
Judgement Date | 2014-06-30 |
Case Number | 5854 |
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