AI Overview...
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Mistake in Promotion - Benefits granted due to administrative error or mistake must be corrected through following due process; unilaterally withdrawing such benefits without proper procedure violates principles of natural justice and due process of law Ram Kishor Meena vs Union of India - Delhi, Subhash Chander vs Defence - Central Administrative Tribunal, William Kujur VS State of Jharkhand - Jharkhand, Suneeta Kaushik (Smt. ) VS State of M. P. - Madhya Pradesh.
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Due Process Requirement - Courts have emphasized that any correction or withdrawal of promotions granted mistakenly must be done after providing a fair hearing and following established procedures; arbitrary or unilateral actions are unlawful Ram Kishor Meena vs Union of India - Delhi, William Kujur VS State of Jharkhand - Jharkhand, Ms. Veena Gaba vs All India Institute of Medical Sciences (AIIMS) - Central Administrative Tribunal.
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No Vested Rights in Mistaken Promotions - Promotions granted erroneously or without proper eligibility cannot be revoked arbitrarily; revocation must adhere to due process, including providing reasons and opportunity for explanation Suneeta Kaushik (Smt. ) VS State of M. P. - Madhya Pradesh, Ms. Veena Gaba vs All India Institute of Medical Sciences (AIIMS) - Central Administrative Tribunal.
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Corrections and Reversals - Errors in promotion or benefits, if identified, should be rectified transparently and justly, respecting the rights of employees and avoiding harm to their careers; revocations without due process are invalid Deodhari Saha VS State of Jharkhand, through the Secretary, Industries Department, Nepal House, Ranchi - Jharkhand, William Kujur VS State of Jharkhand - Jharkhand.
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Legal Precedents - Supreme Court and High Courts have consistently held that benefits obtained through mistake cannot be withdrawn without following fair procedures, and such actions violate principles of natural justice Ram Kishor Meena vs Union of India - Delhi, Subhash Chander vs Defence - Central Administrative Tribunal.
Analysis and Conclusion:
Promotions granted even by mistake are protected under the principle that they cannot be withdrawn arbitrarily. Such withdrawals or reversals must follow due process, including providing notice, reasons, and an opportunity to be heard. Unilateral or hasty revocations without adherence to procedural fairness violate constitutional and legal principles, and courts have consistently upheld that benefits obtained through administrative errors can only be withdrawn after proper legal procedures are followed.
Search Results for "Promotions Granted Even by Mistake can Not be Withdrawn Without Following Due Process of Law"
2016 0 Supreme(Bom) 513 • India - Bombay
D.H.WAGHELA, M.S.SONAK
conditions of employment are altogether different from persons appointed in regular establishment against sanctioned posts after following ... (A) Service Law—Promotion—Time Bound Promotion Scheme (TBPS) and/or Assured Career Progression Scheme (ACPS)—Objective and purpose ... ... (B) Service Law—Promotion—Time Bound Promotion Scheme (TBPS) and ... though, the OPSC was not involved in the recruitment process. ... The benefit under ....
2008 0 Supreme(Pat) 572 • India - Patna
and thus was not eligible for promotion and consequently could not be granted the first time bound promotion Therefore, there cannot ... no part in getting promotion wrongly-Petitioner was given to understand that promotion was granted to him and he was entitled to ... be any fault in the authorities correcting the mistake that was committed. ... Mistakes are mistakes and they can always be correc....
• India - Delhi High Court
SURESH KUMAR KAIT, SAURABH BANERJEE
due process. ... due process for appointments. ... Relying on Supreme Court precedents, the Court emphasized that once promoted, benefits cannot be withdrawn without a fair hearing ... in the selection process would not cause any prejudice to them. ... The additional calculation was an administrative procedural mistake, which led to benefit 53 candidates to get promoted to SI (Min). However, there was no mistake on....
2025 Supreme(Online)(CAT) 869 • India - Central Administrative Tribunal
under a mistake must be corrected through due process, and recovery of mistakenly paid amounts is not permissible without following ... reaffirmed that benefits granted under a mistake must be corrected through due process. ... amounts without due process. ... (2008) 2 SCC 750 wherein it was held that if the respondent was erroneously promoted, though he was #H....
2018 0 Supreme(MP) 299 • India - Madhya Pradesh
SANJAY YADAV
mistake -- department has no vested right to cancel it without following principles of natural justice. ... (1) Civil Servant -- cancellation of promotion -- petitioner promoted on post of Varishtha Adhyapak -- later on, promotion cancelled ... [Paras 11, 12 & 15 ... (2) Civil Services -- employee promoted due to ... Mistakes are mistakes and they can always be corrected by following due process o....
2011 0 Supreme(Mad) 2665 • India - Madras
D.MURUGESAN, K.K.SASIDHARAN
withdrawn without preserving the liberty. ... was withdrawn without preserving the liberty. ... maintainable if the earlier petition was withdrawn without preserving the liberty. ... The above charge memo was questioned by the petitioner in W.P.No.1633 of 2009 and the said writ petition was dismissed as withdrawn by the following order dated 28.1.2009. ... It is also settled law that power of review can be exercised for correction o....
2012 0 Supreme(Jhk) 966 • India - Jharkhand
D.N.PATEL
employee and even though salary paid by mistake, it cannot be recovered---No reasons can be supplied by the State authorities to ... Service Law---Recovery---There was no misrepresentation or fraud played by petitioners for getting promotion or higher pay scale ... or appointment on post of overseer---If any employee is given any salary without any misrepresentation or fraud played upon by that ... We, however, are not in a position to lend any credence to the same by reason of the fac....
2024 Supreme(Online)(CAT) 13111 • India - Central Administrative Tribunal
Mr. Manish Garg, J, Dr. Chhabilendra Roul, A
with transparency; failure to provide a reasoned basis for reverting promotions is inconsistent with due process. ... , following established norms regarding reservation and promotions. ... can be conducted to rectify errors; however, it cannot unsettle promotions made based upon established seniority and merit without ... He states that since the applicant did not have the desired two years regular service in the grade required for promoti....
2024 Supreme(Online)(CAT) 14876 • India - Central Administrative Tribunal
RAMESH SINGH THAKUR, J
to T-3 - Retrospection of promotions after a significant time period without misrepresentation is unjust and harms careers - The ... ; revocation of long-held positions due to misinterpretation of rules is impermissible. ... should not be revoked, concluding this would cause irreparable harm to their careers. ... “However, in the meantime, as was anticipated, the respondents, without considering the reply submitted by the applicant, issued office memo dated 14/15.09.2023 (Annexure A-26) and on the same ....
2012 0 Supreme(Jhk) 994 • India - Jharkhand
D.N.PATEL
The court found that the benefits were abruptly withdrawn without due process. ... The petitioner was given benefits of first and second Assured Career Progression schemes, which were abruptly withdrawn without notice ... Issues: Violation of natural justice, withdrawal of benefits without notice or opportunity to be heard. ... By the impugned order, not only the benefits, which were granted have been withdrawn, b....
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