UNION OF INDIA Vs. K NATARAJAN

JUDGEMENT

(1.) The Secretary, Union of India, Department of Posts, New Delhi, and the Director of Postal Services, [Mails and Speed Post], Chennai, have sought for a Writ of Certiorari, to quash the order, dated 24.01.2014, passed in O.A.No.281/2012, by which, the Central Administrative Tribunal, Madras Bench, Madras, has set aside the order, dated 10.03.2011, of the Director of Postal Services, [Mails and Speed Post], Chennai, 2nd petitioner herein, rejecting the appeal of the 1st respondent, filed against the order of SSRM, Chennai Airmail Sorting Division, dated 14.09.2006, treating the suspension period from 15.09.1988 to 10.07.2001, as duty, for the limited purpose of pension alone.

(2.) Facts of the case are that the 1st respondent was working as a Sorting Assistant in Airmail Sorting Division, Chennai, from 25.02.1982. While so, he was arrested by the police on 15.09.1988, on a charge that he was closely associated with one Shri Manivannan and others, in a Bank dacoity case at Madurai. The 1st respondent was in possession of a packet, containing 20 rounds of live ammunition and AK-47 weapon, and the same were recovered from him. Based on the abovesaid charge, the 1st respondent was placed under suspension from 15.09.1988, by the Senior Superintendent RMS, Airmail Sorting Division, Chennai, the disciplinary authority. A criminal case was filed in C.C.No.87/89, on the file of the Additional District and Sessions Court, Madurai and subsequently, the 1st respondent was enlarged on bail.

(3.) The petitioners have submitted that as per the rules, the suspension was reviewed periodically. As per FR 53(4), during the period of suspension, the 1st respondent was paid with subsistence allowance equal to half of the pay drawn prior to the date of suspension and while reviewing the suspension, the competent authority also enhanced the subsistence allowance to 75% from 50% of pay drawn from 01.03.1990, by considering the aspects of the case.