UNION OF INDIA Vs. P C MISRA

JUDGEMENT

(1.) The petitioner, Union of India through Secretary, Ministry of Home Affairs had impugned the order dated 7th November, 2008 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A No.1056/2008 titled Sh.P.C.Misra, DANICS, Joint Director (Employment) v. Union of India and Ors directing the petitioner to release the increment to respondent No.1 as and when they were due and to re-calculate his subsistence allowance and to pay the same to him.

(2.) The UDC of the respondent no.1 was caught demanding and accepting Rs.4000/- outside his office room. Thereafter a criminal case under Section 7 and 14 (2) read with section 13 (1) (d) of the Prevention of Corruption Act, 1988 was registered. The respondent No.1 was granted bail on 2nd March, 1996. Charge Sheet was filed in the case on 20th May, 1998 and respondent No.1 was placed under suspension on 18th August, 1998. His suspension was reviewed from time to time and was last reviewed for a period of 180 days w.e.f.19.8.2006. The continuing suspension of the respondent no.1 was set aside by the Tribunal in OA no. 1608 of 2006 and consequently his suspension was revoked by Ministry of Home Affairs on 15th November, 2006. Before and during the period the respondent No.1 was under suspension there were increments in the pay and allowances and so the respondent No.1 also sought increment in the suspension allowances. He contended that no order has been passed ordering withholding of increment in case of respondent no.1.

(3.) The respondent no.1 therefore made representation and claim to the Employment officer (Admn.) of Directorate of Employment after his regular posting as Joint Director. His case was referred to service IV department which observed that it is not clear whether any order has been passed by competent authority under 54-B, therefore, the Administrative Department may like to settle the matter as per the provision of FR 26 read with FR 54-B.