AIRPORT AUTHORITY OF INDIA Vs. S K VERMA

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred against the order of the learned Single Judge of this Court dated 22.9.2003 whereby the appellant was directed to pay arrears of salary to the respondent from the date he was given notional seniority.

(2.) The facts relevant for purpose of deciding this appeal are that respondent, Mr. S.K. Verma, was working as Junior Engineer (Civil) at I.G.I Airport, New Delhi. A meeting of Departmental Promotion Committee was held on 19.4.1993 to consider the promotion of Junior Engineer to the post of Assistant Manager (Civil). A sealed cover procedure was adopted in respect of the respondent and as a result of this the recommendations of DPC in respect of respondent were kept in a sealed cover. Serious allegations of corruption were being enquired into against the respondent, although no charge-sheet had been issued to him. The allegations against the respondent were that as Junior Engineer he, acting prejudicially and against the business interest of International Airport Authority of India (hereinafter referred to as 'I.A.A.I'), passed undue financial benefits to the contractor and failed to maintain absolute integrity. Charge-sheet was issued to the respondent in November, 1994. While the departmental proceedings were going on against the respondent, he filed a writ petition under Article 226 of Constitution being C W No. 3505/1994 challenging keeping of his promotion result by DPC in sealed cover. This writ petition was allowed by this Court vide order dated 24.4.2002. The operative part of this order is:

(3.) No directions were given to the appellant to give consequential financial benefits. As a result of the above wr.it, the sealed cover was opened and the respondent was given, promotion vide order dated 8.7.2002. The said order reads as under: