UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) AGGRIEVED by the order of the Central Administrative Tribunal, Madras Bench dated 30-8-2002 in Original Application No. 1167 of 2001, Pondicherry administration has filed the above Writ Petition.

(2.) ONE D. Sathiyanarayana, second respondent herein, joined in the Home department of the Government of Pondicherry on 28-7-82 as Sub Inspector of police. He was promoted to the post of Inspector of Police on 14-8-99. While so, according to him, suddenly he was reverted by order dated 7-7-2000 to the post of Sub Inspector of Police on the findings of a Review Departmental promotion Committee ( DPC ). Therefore, he approached the Tribunal for quashing of the order dated 7-7-2000 and for direction to the official respondent to promote him to the post of Inspector of Police with effect from 7-7-2 000, the date on which his immediate juniors were promoted, with all other consequential benefits. Before the Tribunal, the department has filed a reply stating that the applicant, while working as Sub Inspector of Police, was awarded a minor penalty of withholding of one increment without cumulative effect, on 20-2-1998. Thereafter, DPC held on 9-8-99 and the applicant's case was considered for promotion and he was promoted on 14-8-99.

(3.) THE Tribunal after finding that in view of punishment of withholding of one increment without cumulative effect on 20-2-9 8, the punishment period should have been reckoned from the date of issue of the order namely, 20-2-98 to 20-2-99 and the department shifted this period as well by one year, set aside the order dated 7-7-200 0 and allowed his application. Questioning the same, the present writ petition has been filed by the Home Department of the pondicherry Government.