STATE OF MADHYA PRADESH Vs. BANI SINGH

JUDGEMENT

(1.) Civil Appeal No. 3046 of 1988 has been filed against the order dated 16-12-1987 of the Central Administrative Tribunal, Jabalpur Bench, in O.A. No. 102 of 1987 and Civil Appeal No. 3045 of 1988 has been filed against the order of the same Tribunal dated 25th January, 1988 in O.A. No. 201 of 1986.

(2.) O.A. No. 201 of 1986 is a petition filed by the respondent, Bani Singh, I.P.S. Officer of the Madhya Pradesh Cadre and a direct recruit of 1964 batch, under Section 119 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

(3.) O.A. 102 of 1987 was filed by the same officer against initiation of departmental enquiry proceedings and issue of charge-sheet on 22-4-1987 in respect of certain incidents that happened in 1975-76 when the said officer was posted as Commandant, 14th Battalion, SAF, Gwalior. By the order dated 16-12-1987 the Tribunal quashed the charge memo and the departmental enquiry on the ground of inordinate delay of over 12 years in the initiation of the departmental proceedings with reference to an incident that took place in 1975-76. In the order dated 25th January, 1988 the Tribunal allowed the prayer for quashing the adverse entries in the ACR for the year 1979-80 and granted the prayer for retrospective promotion to the Selection Grade from 1979 when the juniors of the respondent's batch were promoted. In regard to the third relief prayed for the Tribunal directed the Government to constitute special review committee to consider the promotion of the officer to the Super Time Scale post of DIG, with effect from the date his junior was promoted, on merits in accordance with the directions given in the judgment. These two appeals have been filed against those two orders as already stated.