EMPLOYEES’ PROVIDENT FUND ORGANIZATION Vs. V. VASUDEVAN

JUDGEMENT

(1.) Under assail is Order, dtd. 8/6/2022 passed in O.A. No.1083 of 2015 on the file of the Central Administrative Tribunal, Chennai Bench. The unsuccessful Respondents in OA, have preferred the present Writ Petition before this Court.

(2.) The First Respondent who was working as an Enforcement Officer in Petitioner's organization was arrested on 3/7/2008, in respect of Criminal offence, which was under investigation and remanded in judicial custody for a period exceeding 48 hours. By Order, dtd. 23/7/2008, the First Respondent was placed under Suspension. Subsequently, the above said Suspension was revoked on 1/4/2009 by the Competent Authority. Meanwhile, the Criminal case was instituted by CBI against the First Respondent in C.C. No.1 of 2009 for the alleged offence under Sec. 13(2) of Prevention of Corruption Act, 1988 on the file of IX Additional Special Judge for CBI cases, Chennai. By Judgment, dtd. 28/10/2011, the Criminal case in C.C. No.1 of 2009 as ended in acquittal.

(3.) Aggrieved over the Orders passed by the Petitioners, dtd. 18/2/2014 & 5/6/2015, the First Respondent has preferred O.A. No.1083 of 2015. The Tribunal vide Order, dtd. 8/6/2022 quashed and set aside the Orders, dtd. 18/2/2014 and 5/6/2015 and "it is declared that the Applicant is entitled to treat the period of Suspension in respect of which orders were passed on the basis of his having been kept under custody for a period of 48 hours as of duty and consequently, the said period has to be reckoned for all purposes i.e., for payment of pay and allowances, for qualifying service of promotion, retiral benefits and the like. Necessary orders are to be passed accordingly by the Competent Authority." Aggrieved over the above said Tribunal order, the present Writ Petition has been preferred by the Petitioners/Organization.