MADHU DELELA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant was appointed as a Deputy Director in the Ministry of Information and Broadcasting, Song and Drama Division on 01.08.2000 through Union Public Service Commission in the pre -revised scale of Rs. 10000 -15200. Her contention is that as per the MACP Scheme she was entitled to get the benefit of first MACP w.e.f. 01.08.2010 on completion of 10 years of service. The applicant made a representation for grant of the same on 29.08.2012 but no action was taken by the respondents. Hence, she has filed this present O.A.

(2.) IN their reply, the respondents have stated that the applicant was under suspension w.e.f. 18.05.2002 to 03.04.2004 as there was a criminal case pending against her at Chandigarh. She was acquitted by the Hon'ble Sessions Judge on 17.11.2009. Thereafter, Hon'ble High Court of Punjab & Haryana also confirmed the acquittal on 24.02.2012. The Union Territory Administration of Chandigarh decided not to file an appeal before the Hon'ble Supreme Court of India. Hence, the order of Hon'ble High Court of Punjab & Haryana became final. The respondents have further stated that they sought the advice of DoP & T with regard to how the period of suspension of the applicant was to be treated. After consultation with DoP & T vide order dated 22.08.2012 they decided top treat the suspension period as period spent on duty for all purposes and to pay the applicant full pay and allowances for the aforesaid period.

(3.) AFTER considering the arguments of the learned counsel for the applicant, we are convinced that there is merit in his contention. We have taken similar view in OA No. 4237/2012 (Sh. Satyendra Kumar Singh Vs. UOI & Ors.) decided on 24.05.2013. In this case also the OA was allowed and the applicant was granted benefit of promotion from the date his immediate junior was promoted as it was found that till that date no proceedings were pending against him and that proceedings were initiated only subsequently.