O. GANGADHARA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has filed this petition being aggrieved by the order dated 17.07.2012, passed by the Central Administrative Tribunal in Original Application No. 160/2011.

(2.) THE facts that unfold, the petitioner was working as a postman in the respondents' department. On certain charges of misconduct, a departmental enquiry was held and he was punished with compulsory retirement from service and it was ordered for recovery of Rs. 41,155/ - from his DCRG. He challenged the punishment order by way of an appeal before the Appellate Authority in O.A. No. 1013/1999 and the same was rejected on the ground of delay. Said order was taken before the tribunal in O.A. No. 1013/1999. His appeal was allowed and the matter was remanded. The Appellate Authority/second respondent disposed of his appeal on 25.08.2000. On the same allegation, criminal proceedings were initiated in respect of the offences punishable under Sections 409 and 468 of Cr.P.C. After a full pledged trial, he was convicted by the criminal Court and the appeal preferred before the Fast Track Court was allowed. The judgment of conviction passed by the trial Court was set aside and he was acquitted of the charges. Soon after the receipt of the order of acquittal dated 31.07.2010, he addressed a letter to the third respondent for permission to draw salary from the date of his dismissal till the date of his superannuation. His letter and the reminder letter were not reciprocated. Therefore, he preferred O.A. No. 160/2011 before the Tribunal seeking all the foregone benefits from 17.12.1998 to 31.05.2010. The Tribunal did not find merit in his case and dismissed the same. This writ petition is filed on the ground that though he was acquitted of the similar charges in the departmental enquiry, the department has not taken any action to restore the benefits withheld. The amount involved in the criminal proceedings of Rs. 11,150/ - is a part of the Rs. 41,155/ - that was ordered to be recovered from his gratuity. Having no other source of income, in the evening of his life, pension is the only income for him. Hence, seeks a direction for the back wages by treating the period of his compulsory retirement to superannuation as on duty.

(3.) FOLLOWING point arise in the given facts and circumstances is: