VIRESH SAXENA Vs. UNION OF INDIA & ANR

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 26th November, 2015 passed by the Central Administrative Tribunal (hereinafter referred to as "The Tribunal").

(2.) The petitioner was initially employed by DoT and subsequently by a Presidential order dated 27th July, 2012, he was permanently absorbed with MTNL w.e.f. 01.10.2000. At the time when he was working with MTNL on deputation, on 26th September, 2001, he was detained in police custody in respect of a criminal offence while working as SDE. Resultantly, on 11th December, 2001, he was placed under deemed suspension w.e.f. 26th September, 2001. By an order dated 12th May, 2003, the petitioner was acquitted by the Special Judge, (Anti Corruption), Meerut. The petitioner was then served with a memorandum of charge on 6th March, 2004.

(3.) The grievance of the petitioner before the Tribunal was two-fold. Firstly, during the period of suspension he should have been granted full pay and allowances and secondly during the period of such suspension he should be granted annual increments. As far as the first prayer is concerned, the petitioner concedes that he would not press the same but would press for grant of subsistence allowance in accordance with law, if not already paid, i.e. 50% for first six months and thereafter 75%. As far as the second complaint is concerned, learned counsel for the respondent No.2 submits on instructions issued to him from DoT on 3rd August, 2016 that there was no direction to respondent No.2 not to grant any increments during the period of suspension.