UNION OF INDIA & ORS. Vs. RAJ BAHADUR

JUDGEMENT

(1.) The Union of India by this writ petition, impugns the order dated 21st August, 2014, passed by the Principal Bench of the Central Administrative Tribunal, New Delhi, whereby OA No.3815/2013 filed by Raj Bahadur, the respondent herein, has been partly allowed with the direction that the period of suspension of the respondent from 25th August, 2010 to 31st March, 2012, when the respondent retired, would be treated as spent on duty and would thus regulate consequential and terminal benefits payable to the respondent.

(2.) The respondent, an Income Tax Officer, was placed under deemed suspension by order dated 30th August, 2010 with effect from 25th August, 2010, passed in terms of sub-rule (2) to Rule 10 of Central Civil Services (Classification, Control and Appeal) Rules, 1965 (Rules, for short). It is an accepted position that the respondent was arrested and detained for a period of more than 48 hours by the Central Bureau of Investigation (CBI) and is facing prosecution in a trap case under the provisions of Prevention of Corruption Act, 1988. The respondent is also facing prosecution under Section 25 of the Arms Act, 1959 in Criminal Case No.197/2010. The two prosecutions are pending and have not been decided. The suspension of the respondent was extended by subsequent orders dated 18th November, 2010, 31st May, 2011, 18th August, 2011 and 23rd November, 2011, till the respondent had superannuated on 31st March, 2012. On retirement, the respondent is being paid provisional pension.

(3.) The respondent had filed appeals under Rule 23(i) of the Rules for revocation of his suspension, which were dismissed vide order dated 4th October, 2012.