UNION OF INDIA Vs. D S BHAVAR

JUDGEMENT

(1.) By this petition, Petitioners impugn order dated 23rd August, 2002 in Original Application No. 1120 of 1998 passed by the Central Administrative Tribunal, Mumbai Bench, Mumbai (for short "the Tribunal").

(2.) Some of the facts, which are relevant for the present purpose, may be stated. The Respondent was recruited somewhere in 1975 on the post of Lower Division Clerk ("LDC" for short) and was promoted somewhere in 1979 as Upper Division Clerk ("UDC" for short). Along with some others, he was promoted on adhoc basis on 3rd November, 1983 as Inspector (OG). He was suspended on 10th October, 1984 as a result of registration of crime by the Central Bureau of Investigation. The suspension was revoked on 14th June, 1985 and while doing so, he was reverted to the substantive post as UDC instead of placing him in the post of Inspector (OG) which he was holding as adhoc promotee at the time of suspension. A charge sheet was filed against him for holding departmental enquiry but the same was withdrawn and a fresh charge sheet was filed against him on 13th October, 1998.

(3.) The Respondent challenged his reversion or rather placement as UDC, instead of his reinstatement in the promotional post as Inspector (OG), by filing Original Application No. 1120 of 1998 before the Tribunal. The Tribunal allowed his application and declared that the order of reversion is illegal and hence quashed the same. The Tribunal directed that the Respondent would be entitled to receive notional benefit till the date of his representation i.e. 21st May, 1998 and thereafter he would be entitled to all the monetary benefits arising out of the said promotional posting.