S RAJAGOPAL Vs. REGISTRAR

JUDGEMENT

(1.) Challenge in this writ petition, is to the order made in O.A.No.1068/2010, dated 23.01.2013, on the file of the Registrar, Central Administrative Tribunal, Chennai, by which, the prayer, seeking regularisation of the period of suspension from 15.07.2004 to 14.02.2005, as duty, has been rejected on the ground that criminal appeal is pending against the order of acquittal.

(2.) Short facts leading to the writ petition are as follows:

(3.) Though the petitioner was acquitted by the learned Special Judge and Presiding Officer of Fast Track Court, Vadodara, in view of the appeal, preferred by the State of Gujarat, the Department has not passed orders, treating the period of suspension as duty, with full pay and allowances and granted other service benefits. In the mean while, during the pendency of criminal proceedings, in the year 2006, his juniors were promoted as Chief Accounts Officer, on regular basis. However, for the reasons, best known to the authorities, they have promoted him as Chief Accounts Officer only in the year 2009, that too prospectively. Hence, he made an application in O.A.No.1068 of 2010, seeking for a direction, directing respondents 2 and 3 to regularise the period of suspension, from 15.07.2004 to 14.02.2005, as duty, with all consequential benefits, including promotions, on par with his immediate juniors.