ARUN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) APPLICANT in this Original Application is aggrieved by the impugned order dated 27.03.2012/11.04.2012 to the extent that he has been granted only proforma promotion with effect from 28.06.1997 and not the actual promotion with consequential benefits including arrears of pay and allowances.

(2.) THE brief facts of the case: While working as Senior Clerk, major penalty proceedings were initiated against the Applicant vide Memorandum dated 22.12.1995. After holding an enquiry in the matter, the Disciplinary Authority, vide its order dated 04.02.2008, imposed upon him the penalty of reduction to lower stage in time scale of pay by four stages for a period of two years with cumulative effect. Against the aforesaid order, the Applicant preferred appeal dated 20.02.2008 followed by supplementary appeal dated 15.9.2009 and the Appellate Authority, vide its order dated 23.01.2009, modified the aforesaid order and reduced the penalty to that of reduction to lower stage in time scale of pay by two stages for a period of two years with cumulative effect. Accordingly, his pay was reduced from Rs. 6000/ - per month to Rs. 5750/ - per month in the scale of pay of Rs. 4500 -7000 for a period of 2 years with cumulative effect. Applicant filed a Revision Petition against the aforesaid order of the Appellate Authority on 19.05.2009 but the Revisional Authority rejected the same vide order dated 05.10.2009. Applicant had earlier challenged the aforesaid orders in the disciplinary proceedings in OA No. 636/2010 and the same was allowed vide order dated 23.08.2010. This Tribunal held that it was a case of no evidence and quashed and set aside the aforesaid orders with all consequential benefits. The operative part of the said order reads as under: -

(3.) THE Respondents in their reply have submitted that after this Tribunal has passed its order dated 16.07.2011 in CP No. 464/2011 (supra), his case was considered but it was found that he was not eligible to be given promotion at the relevant time as he was facing criminal case on the basis of FIR No. 165/1995 (PS RMD) filed against him. It was on that basis this Tribunal, vide order dated 16.07.2011, given him liberty to make representation against the latest development. Accordingly, Applicant filed his representation on 14.08.2011 seeking promotion and refixation of his pay. They have stated further that in the aforesaid criminal case, Applicant was acquitted of the charge by giving him the benefit of doubt, vide order dated 06.07.2011. The relevant part of the said order reads as under: -