UNION OF INDIA Vs. U K MISHRA

JUDGEMENT

(1.) The order dated 24.06.2015 passed by the Central Administrative Tribunal(CAT) in O.A.No.265 of 2013 is assailed by medium of this writ petition.

(2.) Vide order impugned, while holding the penalty of 'Censure' cannot be a bar for promotion as per DoPT OM No.22011/2/78-Estt.(A) dated 16.02.1979, petitioners have been directed to promote respondent to the post of Deputy Director General(Geology) in Pay Band-4 ( Rs.37,400 - 67,000/- ) plus Grade Pay of Rs.10,000/- from the date of review DPC held on 25.07.2013 provided the respondent is found otherwise fit.

(3.) Respondent Senior Geologist was on deputation as Director (Science & Technology), North Eastern Council Secretariat (NECS), Shillong w.e.f. 01.09.2006 to 31.08.2010. Later, on the request of North Eastern Council Secretariat, the deputation tenure was extended for one year. Meanwhile, it was noticed that the respondent was involved in a case which was referred to CBI for investigation. The CBI concluded that the departmental lapses or irregularities on the part of the respondent and others were well established in the matter of recommendation for release of funds from North Eastern Council to North Eastern India Trust for Education and Development for implementation of the project on Integrated e-education and Tele-health Programme for 10 schools in Meghalaya. Finally, CBI recommended for Regular Departmental Action.