Law:

Section:

(a) Police Rules, 1934-------Rr. 12.8 & 12.12---Civil Servants (Seniority) Rules, 1993, R.6---Service Tribunals Act (LXX of 1973), S.4---General Clauses Act (X of 1897), S.21---Reversion---Principle of locus poenitentiae---Applicability---Civil servants. who were competently promoted and confirmed as Inspectors and were duly admitted to List "F", were reverted to rank of Sub-Inspectors by withdrawing earlier order of confirmation as Inspectors and their names were also removed from List "F" despite civil servants were declared senior to co­civil servants who were probationers ---Authority had submitted that civil servants were shown senior to said probationers/co-civil servants by mistake of Departmental functionaries and that said mistake hail been rectified by reverting the civil servants---Validity---Civil servants were not to suffer for alleged mistake of Departmental Authorities especially when showing of civil servants as senior to co-civil servants was not a mistake, but in view of evidence on record they were rightly shown senior to co-civil servants--­Principle of "locus poenitentiae" would play its role effectively in case of civil servants---For a long period of 15 years in which civil servants remained promoted in various ranks and their names were placed in seniority lists as well as in Lists "D", "E" and "F", Authority had never raised objection that civil servants were junior to ca-civil servants or that they were mistakenly shown senior to said co-civil servants---After such a long period Competent Authority could not be allowed to undo seniority and promotion of civil servants with one stroke of pen for no fault of civil servants as they were never proceeded against for misconduct or inefficiency---Civil servants having earned seniority and promotion through numerous ordeals, trials and tribulations, Authority was not legally and morally justified to put an end to the same simply on basis of its sweet-will and whim---Orders whereby civil servants were reverted and their names were removed from List "F" were set aside. (b) General Clauses Act (X of 1897)--- ----S. 21---Locus poenitentiae, principle of---Applicability---Principle of locus…

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