UNION OF INDIA Vs. NARENDRA SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal is directed against the order dated May 12, 2000 passed by the Central Administrative Tribunal, Jabalpur, Camp Indore (Tribunal for short) in Original Application No. 76 of 1997 and confirmed by the Division Bench of High Court of Madhya Pradesh, Jabalpur (Indore Bench) on August 26, 2004 in Writ Petition No. 1329 of 2000.

(3.) Brief facts of the case are that the respondent herein was working as Accountant in the Office of the Accountant General, Madhya Pradesh, Branch Office, Bhopal. By an order dated January 1, 1990, he was mistakenly promoted as Senior Accountant (Functional). After about four years, the Department realized that the promotion given to the respondent was erroneous and he was not eligible to be promoted. The mistake was, therefore, sought to be corrected. A notice under Rule 31-A of the Fundamental Rules, 1922 was issued to the respondent informing him that he could not have been promoted as Senior Accountant as he had not passed Departmental Examination of Accountants as required by law. He was, hence, asked to show cause why the promotion given to him erroneously should not be cancelled. By a reply dated February 16, 1994, the respondent contended that he was eligible and qualified for getting promotion and accordingly he was promoted. He also asserted that he was performing his functions and discharging his duties efficiently and there was no occasion to revert him. According to him, there was no need to clear Departmental Examination for Accountants and the notice was required to be discharged.