Mistake of fact vs mistake of law
Rajesh Tandon
(Querist) 21 July 2013
This query is : Resolved
1. I hereby request the experts on the lawyer’s club of India to kindly throw some light & provide clarification on one doubt. I was on study leave for a period of two years. There is a format for exact notification of the subject occurrence by the concerned unit where the officer is posted and a copy of this is sent to CDA(O) Pune which works out the salary and allowances of the officers. We have got a system where concerned regimental Centre apart from the concerned unit also publishes the occurrence by a similar notification on a different format under different code head and sends a copy to the CDA(O) Pune, the moment study leave of the officer is approved from Army Headquarter. However the format & code head is different, yet indirectly there is a reference of the occurrence i.e officer on study leave. The exact notification was done after two years which is supposed to be done immediately. In fact there was confusion and oversight on my part thinking that my regimental Centre has already done the subject notification based on the presumption that a notification has been already done by them. Maybe I was not very clear about the subject rule. It was because of delayed exact notification,thatI was given transport allowance which was not authorised to me for the period of study leave which was of course subsequently deducted. In fact, CDA(O) Pune did not react on the notification done by my concerned regimental Centre. The CDA(O) Pune never takes an action until and unless the format of the notification is absolutely correct since notifications have got financial effect also .
2. Now the Department of CDA(O) Pune has sought clarification as to why the exact notification was delayed beyond two years and asked for investigations.
3. May I request the experts on the panel of lawyers club of India to kindly clarify as to if there is a confusion between the rules/format, would that be a mistake of the fact or mistake of the law.
Rajesh Tandon
(Querist) 21 July 2013
Sir, the querry is if there is a confusion between the rules/format, i.e if you have applied different format or rule from what is supposed to be there, would this mistake counted under mistake of fact or mistake of Law?
