Law:

Section:

(a) Civil service--- ----Promotion, grant of---Cancellation---Effect---Civil servant who was working as Grade-I Officer in Bank, was promoted as A.V.P. (Assistant Vice­ President) out of turn as a special case with immediate effect in compliance with directions of Prime Minister purported to have been given through letter written by Special Assistant of Prime Minister---Civil servant had drawn his pay in revised pay scale and he was also given one increment---Such promotion having been subsequently found to have been secured by forgery, same was cancelled by Authority---Special Assistant of Prime Minister on whose letter promotion was effected having acted in disregard of the authority of Departmental Promotion Committee and having by-passed the power of Selection Committee in promoting civil servant as A.V.P. had taken upon himself power of both the authorities in recommending as well as in appointing petitioner by way of promotion as A.V.P., thereby violating the statutory rules---Methodology adopted by Special Assistant of Prime Minister being manifestly wrong and deviation from course of law, promotion of civil servant was rightly cancelled. (b) Civil service--- ----Locus poenitentiae, principle of---Applicability---Out of turn promotion got by civil servant being in violation, of statutory rules, was cancelled, but as civil servant had received salary according to revised scale and had received one increment during that period of promotion on bona fide belief, Authority was not entitled to recover amount drawn by him during period when his promotion remained in field---Order cancelling promotion passed by Authority could be amended to that extent in view of fact that public authority which could pass order, was empowered to vary, amend or rescind that order---Such power to rescind could be exercised only till a decisive step to carry out that order was taken---If order had been given effect to, so that no locus poenitentiae was left, no occasion would be for exercise of such power---Power to amend or cancel an order could not be carried into effect if order had been acted upon---As civil servant had received salary and other benefits on bona fide belief,…

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