BABU SINGH JOHRI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS order shall govern the disposal of both the writ petitions since they arise out of common order dated 24th February, 2009 passed by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur in OAs 155/2007 and 514/2007.

(2.) PETITIONER was appointed as Junior Telecom Officer in the year 1969. He was promoted temporarily in the year 1982. Petitioner was placed under suspension with effect from 21/12/1994. A criminal case was registered against him. The order of suspension was revoked on 23/3/1995. He was again placed under suspension. This order of suspension was also revoked in January, 2003. Petitioner was prosecuted before a Criminal Court and he was acquitted vide judgment dated 26/4/204.

(3.) PETITIONER filed Original Applications before the Central Administrative Tribunal claiming reliefs that he be given promotion and other consequential benefits from the date when his juniors were promoted as Sr. S.D.E. in pursuance to the recommendations of the DPC dated 27/7/1995. The Tribunal has observed that as per recommendations of the DPC which was held on 27/7/1995 the petitioner was found fit for promotion along with his juniors and he was found eligible for grant of next higher scale to the post of Sr. S.D.E., however, sealed cover procedure was adopted and after acquittal of the petitioner, he was granted notional promotion w.e.f. 16/8/2000 which was not in accordance with law. Petitioner was considered in the DPC which was held on 27/7/1995 and his case was recommended for promotion, hence, after acquittal, the petitioner was entitled for promotion w.e.f. 27/7/1995 in the grade of Sr. S.D.E. Consequently, the Tribunal ordered that the petitioner was eligible for promotion and his placement in the grade of Sr. S.D.E. w.e.f. 27/7/1995. However, the Tribunal has held that the petitioner would be eligible to promotion on notional basis without any back wages, but with other consequential benefits.