Inaction of Bureaucracy

Respondent cannot be penalised for inaction of bureaucracy to comply with the order of the competent authority and deprive him of the rights accrued to him from due date — Held: Notification should have taken effect from 6.10.2001, when competent authority had approved the recommendation of Selection Board — Held further: A right had accrued to the respondent from that date which cannot be taken away unless Selection Board or competent authority with draws the recommendation or approval. Azad Govt. & v. M. Nazir Choudhry 2008 SCR 162 (C)
Injustice has been committed against the respondent in not giving effect to his promotion in BPS-20 from the date the competent authority had approved the recommendation of Selection Board — Held: This is fittest case in which a direction be issued under section 42(A) of AJ&K Interim Constitution Act, 1974 for doing complete justice — Held further: Notification of promotion of respondent shall be given effect from 6.10.2001, irrespective of the posting of respondent against any post. Azad Govt. & 2 others v. Muhammad Nazir Choudhry 2008 SCR 162 (D)