UNION OF INDIA Vs. KHAIRATI LAL

JUDGEMENT

(1.) Rule DB. With the consent of the learned counsel for the parties, the writ petition is taken up for final hearing.

(2.) The Respondent Khairati Lal was working as APO as a Group 'B' officer and was deemed to be considered by a DPC for being placed in the senior scale on adhoc basis upon being found fit by such DPC. For the period from 1989 to 1993, the DPC held, did not find him fit for promotion to the senior scale. On 25.03.1991, the Respondent was issued a charge sheet for imposition of major penalty and another charge sheet dated 24.10.1997 for the imposition of minor penalty that resulted in the findings of the DPC regarding his promotion to the senior scale being kept in sealed cover. In both the enquiries the Respondent was found guilty and he was imposed minor penalty of stoppage of three sets of privileges passes in the major penalty charge sheet and three sets of privilege tickets in the minor penalty proceedings.

(3.) The Respondent filed OA being No. 1704/1997 before the Central Administrative Tribunal challenging the departmental enquiries and the punishment imposed upon him. The said OA was disposed of by the Tribunal vide its order dated 4th September, 1998 directing the Petitioners to take a decision with regard to the date from which his promotion would take effect and to pay consequential benefits, if any, within a period of three months from the receipt of the copy of the order.