V SIVAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in this writ petition is to the order of the Central Administrative Tribunal, Madras Bench in O.A.No.1827 of 2013, by which, the Tribunal has rejected the request of the petitioner, for a direction to revise and refix the retired benefits by calculating the pay and other benefits on par with his immediate junior, with accrued service benefits thereto. He has also sought for interest, at the rate of 24%.

(2.) Material on record discloses that the petitioner has joined the Railways as Clerk Gr.II on 25.10.1975. Alleging that when he was working as Section Officer (A) (Books Section) of Chennai Division during 1986, he has committed certain serious misconduct causing loss to the exchequer of Railways and that the said act, was in contravention of devotion to duty and failure to maintain integrity, on 17.09.2009, charges have been framed.

(3.) Material on record further discloses that in respect of the above allegation, a case in Cr.No.2/89 registered by CBI, was taken on record in C.C.No.40 of 1991 and thereafter, renumbered as C.C.No.72 of 1997 on the file of the learned Special Judge (CBI Cases) and during the pendency of the said Criminal case, the petitioner has filed CMP No.909 of 2007 for discharging him from the criminal cases, on the ground that the whole proceedings, were vitiated for want of proper sanction. Accepting the said contention, vide order dated 17.11.2007, the learned Special Judge (CBI cases), has discharged the petitioner in the criminal case.