Sanjib Paul 27 July 2019

reversion of govt employees without their fault

In CBIC (Central Board of Indirect Taxes) promotion was granted to its employees issuing a letter on 01/05/2017 with the approval of the then Chairman. But issuing another letter on 01/07/2019 board withdraw the letter of 01/05/2017 and want to revert the employees into previous cadre saying that the letter of 01/05/2017 was unauthorized. Is it not against the principle of natural justice?

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sm.calcutta (Advocate) 27 July 2019

it certainly seems to be against the principles of natural justice.

karnish gupta 27 July 2019

go against the reversal order and try to get re instated back at senior post or get a senior or two fired from there job to issue such an order that was unauthorised at first place
adv karnish

Sanjib Paul 27 July 2019

Madras high court issue stay for impugned order dated 01/07/2019. Is there any ground to quash the order. Any relevant order of higher court? We have filed case in CAT Calcutta.

sm.calcutta (Advocate) 27 July 2019

there are a number of SC decisions in this regard. A good legal research is required on this point to find the right judgments to support your case, based on the facts of the situation.

sm.calcutta (Advocate) 27 July 2019

there are a number of SC decisions in this regard. A good legal research is required on this point to find the right judgments to support your case, based on the facts of the situation.

Sudhir Kumar, Advocate (Advocate) 06 August 2019

why was the order withdrawan?

has anyone litigated?

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Sanjib Paul 06 August 2019

CBIC said that the basic order, based on our promotion was given, is not authorized. But in the said order in last line it was written that Member admin approved that.

Sanjib Paul 06 August 2019

No case was filed against our promotion. CBIC issued the withdraw letter based on their internal scrutiny.

Sanjib Paul 06 August 2019

No case was filed against our promotion. CBIC issued the withdraw letter based on their internal scrutiny.

Sanjib Paul 06 August 2019

Sir, without our fault can board withdraw our promotion after 2yrs 2months?

Sudhir Kumar, Advocate (Advocate) 07 August 2019

a wrongful p[romotion can be taken back.

at the most you can plead that you are reverted without any Show Cause Notice. This will not alter merits of the case.

Sanjib Paul 07 August 2019

Previously board issued a letter and regional cadre control examined and based on that our promotion was granted by DPC. Procedural lapse was not there, but CBIC all of sudden cancelled that letter without showing any cause.

Sanjib Paul 07 August 2019

And no action has taken against any officers who issued this so called unauthrized letter

Sudhir Kumar, Advocate (Advocate) 08 August 2019

"And no action has taken against any officers who issued this so called unauthrized letter"

Still you are not entitled to hold the post which was given wrongly.

reversion of govt employees without their fault

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