Darshna Devi v. State Of Hy.



  
        
     


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+'2 "44. To sum up, we hold that:

(A) Once an incumbent is appointed to a post according to rule, his seniority has to be counted from the date of his appointment and not according to the date of his confirmation.

 The corollary of the above rule is that where the initial appointment is only ad hoc and not according to rules and made as a stop$gap arrangement, the officiation in such post cannot be taken into account for considering the seniority. (B) If the initial appointment is not made by following the procedure laid down by the rules but the appointee continues in the post uninterruptedly till the regularisation of his service in accordance with the rules, the period of officiating service will be counted."

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% , ,- 2 "we find the observations of Krishna Iyer, J., speaking on behalf of the Court in " $ %

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 "32. Therefore, while issuing a show$cause notice, the authorities must take care to manifestly keep an open mind as they are to act fairly in adjudging the guilt or otherwise of the person proceeded against and specially when he has the power to take a punitive step against the person after giving him a show cause notice."

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