UNION OF INDIA Vs. DOLY LOYI

JUDGEMENT

(1.) The instant appeal by special leave takes exception to the judgment dtd. 26/4/2013 passed by the High Court of Delhi in Writ Petition(C) No. 7960 of 2012 whereby the writ petition preferred by the appellant herein i.e., the Union of India was dismissed and the order passed by Central Administrative Tribunal, Principal Bench, New Delhi(hereinafter being referred to as 'Tribunal') was upheld, whereby the Tribunal allowed Original Application No. 3716 of 2011 filed by the respondent herein challenging the denial of promotional benefits to him.

(2.) The brief facts in a nutshell relevant and essential for the disposal of the instant appeal are noted hereinbelow.

(3.) The respondent was appointed as Assistant Commissioner of Income Tax on 16/12/1987. He was granted due promotions to the post of Deputy Commissioner of Income Tax, Joint Commissioner of Income Tax, and Additional Commissioner of Income Tax in December 1991, July 2001, and November 2001, respectively. On 31/12/2001, an FIR was registered against the respondent for the offences punishable under Sec. 120B of the Indian Penal Code, 1860, and Ss. 13(1) and 13(1)(d) of the Prevention of Corruption Act, 1988, alleging inter alia that the respondent, while working as the Special Secretary(Finance), Government of Arunachal Pradesh acted in conspiracy with other officers and committed criminal misconduct by abusing his position as a public servant. A sanction dtd. 2/6/2006, was accorded by the CBDT (Department of Revenue, Ministry of Finance, Government of India) for the prosecution of the respondent in respect of the aforesaid allegations before the concerned Court.