ASHOK KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner was regularly promoted to the post of Assistant Engineer (Group-B) by order dated 10/7/96 subject to the condition that "he was not undergoing any punishment in D&AR/Vig". His promotion was later converted into "adhoc" on noticing that he was facing a prosecution case at the time of his empanellment in Group-B service. It was accordingly made clear to him by letter dated 23/8/1999 that his promotion was purely on adhoc basis and until further orders. He was subsequently reverted by order dated 6/9/1999 to the post of Chief Bridge Inspector (Group-C).

(2.) He challenged this in OA 1989/99 before CAT, New Delhi on the plea that his substantive promotion had vested certain rights in him which could not be taken away without enquiry and hearing to him. His petition was opposed by respondents on the plea that he was erroneously promoted due to wrong clearance by vigilance and that once this mistake was discovered, it was rectified by reverting him. Reliance in support was placed on two Supreme Court Judgments in Bal Kishan Vs. Delhi Administration & Another, AIR 1990 SC 100 and H.L.Trehan & Others Vs. Union of India & Others, 1989 (1) SCC 764 to show that respondents were competent to rectify the mistake. Tribunal dismissed his OA by impugned order dated 5/11/1999 holding that since his promotion was subject to the condition of his not undergoing any punishment in D&AR/Vig case, no right accrued to him to sustain that promotion. He has now filed this petition to question Tribunal order and his case is that he could not be reverted to Group-C post save otherwise in due course of law.

(3.) Learned counsel for petitioner Ms.Shyamla Pappu cited several judgments to show that rights inhering in petitioner by promotion could not be taken away arbitrarily and without an enquiry and that too when the prosecution against him had not resulted in any punishment.