UNION OF INDIA Vs. S.N. VENKATESH

JUDGEMENT

(1.) Union of India is the petitioner in this writ petition questioning the order dated 16-3-2012 passed in OA No. 316 of 2011 where under the Tribunal had allowed the application and had directed the Union of India to accord deemed promotion to the applicant to the post of Junior Time Scale of IA and AS from the date on which his Juniors had been promoted to this post and to give him all consequential benefits. The applicant had since retired from service with effect from 31-12-1991 in the post of Senior Audit Officer without such promotion.

(2.) The peculiar facts of the present case is that the applicant-respondent who had joined the services in IA and AS of the Union of India as a UDC on 8-11-1954 and was on deputation to Regional Provident Fund Office at Bangalore, from 1-4-1979 to 31-3-1981 and was working there as Senior Audit Officer, was implicated in a case of fraud while he was on such deputation and CBI which was examining the matter arrested him and he was in custody for more than forty-eight hours and as a result he was kept under suspension with effect from 14-7-1981. However, the suspension it appears was revoked on 20-1-1982.

(3.) The CBI registered first information report against the applicant-respondent in the year 1985 and had filed charge-sheet against him in the CBI Court. During this period, the petitioner was due for promotion to the post of JTS as he was within the zone of consideration for promotion and for such purpose, meeting of the DPC was held in the office of Union Public Service Commission. The DPC had recommended panel of 39 officers for promotion to JTS of IA and AS. However, the petitioner's consideration was kept in sealed cover and outcome in his case was not made known.