P.A. VARGHESE Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, an Assistant Director (Excise) working in the respondent Board, was initially subjected to disciplinary proceedings on the allegation of graft charges which resulted in the reduction of his rank as punishment through Exhibit P1 order by the disciplinary authorities. When it was appealed against, the appellate authority remanded the matter through Exhibit P3 to the primary authority, i.e. the disciplinary authority.

(2.) PURSUANT to the remand, the third respondent passed Exhibit P4 order, which reads as follows:

(3.) IN the light of the modified punishment imposed by the appellate authority, the third respondent issued Exhibit P6 proceedings, reinstating the petitioner to the post of Assistant Director (Excise) with effect from 19.10.2012, i.e. from the date of order of the appellate authority. The period the petitioner was made to serve in the reduced rank prior to passing of the appellate order, however, remained undisturbed. In other words, Exhibit P5 order was applied prospectively keeping in tact the punishment imposed through Exhibit P4 till the appellate order came to be passed. Aggrieved thereby, the petitioner has approached this Court.