BIR PAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition filed under Articles 226 & 227 of the Constitution of India, the petitioner seeks to challenge the order dated 10.10.2012 passed by the learned Central Administrative Tribunal, Principal Bench (hereinafter referred to as "CAT"), whereby OA No.1594/2012 preferred by the petitioner has been partly allowed, and the respondents were directed to release the arrears of salary and allowance of the petitioner from 03.08.2009 to 14.2.2010 with interest at the rate as applicable to the GPF deposits till the date of actual payment.

(2.) MR . A. K Gautam, the learned Standing counsel appears on behalf of respondent on advance notice.

(3.) THE grievance raised by the petitioner is that he is entitled to the release of arrears of salary and allowances for the period 1.7.2007 to 14.2.2010 instead of 3.8.2009 to 14.2.2010. He was appointed as a constable in CBI on 15.2.1971, and was promoted to the post of Head Constable in the year 1980. He was further promoted to the post of ASI and SI somewhere in the year 1992. He was also promoted to the post of Inspector in CBI in 13.06.1997. On 28.08.2003 the Disciplinary Authority served a charge sheet on him alleging that the marked currency notes in his custody, being the proceeds of bribery trap had been dishonestly substituted. The Inquiry was conducted. Consequently the Disciplinary Authority imposed a punishment of "Removal from Service" on him. The said order was challenged by the petitioner before the Appellate Authority and vide order dated 20.02.2004, the appeal filed by the petitioner was partly allowed and the punishment of removal from service was reduced to "compulsory retirement".