K SUNDER RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in this petition is to the order dated 17.12.2008 (Annexure P/1) passed by the Central Administrative Tribunal, Jabalpur, in O.A. No. 748/2008. In addition, a direction to the respondents to pay full backwages with all the allowances for the period 19.11.1990 to 30.06.2004 with interest.

(2.) The case of the petitioner is that the petitioner, working as Senior Clerk in Mechanical Bill Section, South East Central railway, Bilaspur, was charge- sheeted under section 5(2) read with section 5(1) of the Prevention of Corruption Act, 1947 and section 161 of the Indian Penal Code, 1860 for having accepted bribe of Rs. 100/- from one Sukhchand on 21.05.1985. The petitioner was convicted by the Trial Court on 06.10.1990 in Special Case No. 161/1984. On conviction by the Trial Court, the petitioner was dismissed from service on 19.11.1990. Thereafter, the petitioner preferred an appeal before the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal no. 979/1980. The High Court acquitted the petitioner of the charges on 06.07.2006. After acquittal, the order of dismissal dated 19.1.1990 was revoked on 21.04.2007. The petitioner could not be reinstated in service as he retired on attaining the age of superannuation on 30.06.2004. The petitioner preferred an application before the Central Administrative Tribunal, Jabalpur, Circuit Bench at Bilaspur, seeking following reliefs:

(3.) The Tribunal, relying on the decision of the Supreme Court in Union of India & Others v. Jaipal Singh, 2004 1 SCC 121 held that the petitioner was not entitled to full pay and allowances from 19.11.1990 to 30.06.2004.