UOI Vs. KEWAL KRISHAN LOONA

JUDGEMENT

(1.) The challenge in these two petitions are to the orders dated April 29, 2009 in Original Application No.1257/2008 and July 20, 2010 in C.P. No.262/2010 in Original Application No.1257/2008 passed by the Central Administrative Tribunal ('Tribunal', for short) whereby, the Tribunal has allowed the Original Application, filed by the respondent herein, and had in contempt proceedings directed the petitioners herein, to pay the benefits for the period between May 14, 2008 to July 22, 2009, and to be treat the period as spent on duty with all benefits.

(2.) The facts as noted from the record are that the respondent namely Kewal Krishan Loona was convicted, pursuant to an FIR registered against him, wherein, he was sentenced for a period of three years under Sec. 7 of the Prevention of Corruption Act, 1988, ("Act of 1988", for short) vide judgment dated January 27, 2007, by the Special Judge, Ambala. The learned Special Judge then stayed the sentence for a period of one month for the respondent to file an appeal. In the appeal, being CA No.275-SB-2007, before the Punjab and Haryana High Court, the sentence which was stayed by the Special Judge, continued to operate till the pendency of the appeal.

(3.) Pursuant thereto, the respondent continued to work on his post, w.e.f. January 27, 2007, and has been drawing his pay and allowances for the said period. However, on May 14, 2008, the petitioners resorted to Rule 10(2) of the CCS (CCA) Rules, 1965 ('Rules of 1965', for short), thereby placed the respondent under deemed suspension from the date of conviction, retrospectively, i.e., January 27, 2007. The challenge of the respondent in the Original Application was to the order dated May 14, 2008.