UNION OF INDIA Vs. P.K.SHARMA

JUDGEMENT

(1.) LAW declared by the Supreme Court in the decision reported as (1991) 4 SCC 109 UOI and Ors. vs. K.V Jankiraman and Ors., clearly holds that if a Government servant is deprived promotion on account of disciplinary proceedings pending against him in which he is finally acquitted, not only promotion should be granted with retrospective date but additionally it should be with back wages.

(2.) APPLYING the law, vide the impugned decision dated March 02, 2012, the Tribunal has held that the respondent would be entitled to back wages with effect from the date person junior to the respondent was promoted as a UDC.

(3.) THE respondent filed O.A No.20/2007, which was allowed on June 03, 2008. The Tribunal noted that firstly by not calling the handwriting expert and permitting him to be cross-examined, a valuable right of the respondent had been violated. The Tribunal further noted that during the prolonged inquiry period, the complainant had died and thus a prejudice was caused to the respondent who could not subject the complainant to a cross examination.