9911796707
TMI Blog2006 (11) TMI 628X X X X Extracts X X X X X X X X Extracts X X X X ..... ber 1985. While working there as a Junior Clerk, he was promoted as a Senior Clerk on 24.4.1987 on an ad hoc basis. On completion of the project, he was repatriated to his original office. Although he was posted in the office of the Kota Railway Station of Western Railway Administration, he was kept in the said workshop. A request for change of his name was agreed to by the competent authority, namely, the second Respondent herein and his request for absorption on the said post was also accepted. A complaint against him by four employees working in the Divisional Office of Kota was made on 4.5.1994 that he was not entitled thereto alleging that the promotion granted to him was not a regular one. Relying on or on the basis of the said compl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he administration and having taken bribe in a fraudulent manner Sh. Shekhar Ghosh made a clerk from Khalasi." He filed his reply to the show cause requesting that he should be treated to be a selected Clerk `whose lien has been changed from WRS to Division' so that his legitimate dues are saved. By an order dated 18.10.1996, he was repatriated to his original place of work i.e. the office of the Chief Manager of Factory, Goods Compartment Repairing Factory, Kota. Yet again, on 22.10.1996, another Office Order was issued. Appellant filed an Original Application before the Central Administrative Tribunal. The operation of the order was stayed by an interim order dated 1.11.1996. However, by an order dated 17.11.1996, the Administrative ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the respondents is contrary to the record. In the service record of the applicant it has been verified by the competent authority that applicant is holding the post of Junior Clerk in substantive capacity." In the counter-affidavit filed before the Tribunal, Respondents herein accepted the said contention stating:- "5(j). That the contents of para no. 5(j) of the original application are denied. Orders for regularization of the applicant as Clerk were never passed. The alleged entry made in the service record is also wrong and due to the mistake committed on part of the answering respondent." Appellant had asked for production of his service records which was declined. Respondents, therefore, indisputably proceeded on the basis tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lusion. In K.I. Shephard v. Union of India AIR 1988 SC 686, this Court opined:- "...It is common experience that once a decision has been taken, there is a tendency to uphold it and a representation may not really yield any fruitful purpose." [See also V.C. Banaras Hindu University and Ors. v. Shrikant, 2006 (6) SCALE 66]. We are, however, not oblivious of the fact that there is some shift in the concept of principles of natural justice which has been noticed by this Court in P.D. Agrawal v. State Bank of India & Ors., 2006 (5) SCALE 54 in the following terms: "The Court has shifted from its earlier concept that even a small violation shall result in the order being rendered a nullity. To the principal doctrine of audi alterem pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omotions after having passed the trade tests, could not have been legally reverted two steps below and brought back to the post of Khalasi without being informed that the period of service rendered by him from 1964 to 1972 could not be counted towards his seniority and, therefore, the promotion orders would be cancelled. In a situation of this nature, it was not open to the respondents to have made up their mind unilaterally on facts which could have been shown by the appellant to be not correct but this chance never came as the appellant, at no stage, was informed of the action which the respondents intended to take against him." Curiously Respondents in their counter-affidavits filed before the Tribunal and the High Court did not raise a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irements to comply with the principles of natural justice would, therefore, vary from case to case. If upon giving an opportunity of hearing to an affected employee, it is possible to arrive at a different finding, the principles of natural justice must be complied with. We may notice that recently in Union of "It is now trite that if a mistake is committed in passing an administrative order, the same may be rectified. Rectification of a mistake, however, may in a given situation require compliance of the principles of natural justice. It is only in a case where the mistake is apparent on the face of the records, a rectification thereof is permissible without giving any hearing to the aggrieved party." In this case, Respondents accept tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
