UNION OF INDIA Vs. SRI LAL BABU GUPTA

JUDGEMENT

(1.) The present writ application is directed against the order dated 10th August, 1999, passed by Central Administrative Tribunal, Patna Bench (for short the Tribunal), in O.A. No. 322 of 1994, whereby the said application preferred by sole respondent herein has been allowed, and the authorities have been directed to give the original applicant (sole respondent), all the benefits of promotion to the cadre of Senior Accounts Officer in the scale of Rs. 2000-4000, w.e.f. 18.5.1990.

(2.) A brief statement of facts essential for the disposal of the present writ application may be indicated. The respondent herein was serving as the Accounts Officer in the Defence Accounts Department, Ministry of Defence (finance), in the pay- scale of Rs. 2375-3500, on being promoted to the said post and scale by an office order No. 172, dated 3.6.1987. The Government of India, Ministry of Finance, Department of Expenditure, issued an office memorandum dated 22.9.1992 (Annexure-2), by which the Accounts Officer, who were posted in the pay scale of Rs. 2375-3500, and had completed at least 03 years of service on the said post, were made eligible to be considered and promoted to the next higher post of Senior Accounts Officer in the pay scale of Rs. 2200-4000 w.e.f. 1.4.1987, or on completion of 03 years of service in the said grade, which ever was later. Such promotion was to be granted subject to availability of post(s) in the promotional grade. The sole respondent claimed to be entitled for such promotion w.e.f. 18.5.1990, when he completed 03 years of service as Accounts Officer. Juniors to him were considered and promoted but his case was ignored. A departmental proceeding seems to have been initiated against him, and the memo of charges issued by the Comptroller General of Defence Accounts, New Delhi, served on him on 29.11.1991. The articles of charge(s) indicates lack of devotion to the department and thereby violating the provisions of Rule 3(I)(II) of the C.C.S. Conduct Rules, 1964. He was found involved in clearing bills which did not contain any endorsement or verification of specimen signature of the Auditors S.O.A.. It is the respondents case that a departmental inquiry was made and a report was submitted to the disciplinary authority who instead of acting upon the inquiry report submitted in the proceeding remitted the case back to the Inquiry Officer for further inquiry after having noticed certain gross infirmities in the conduct of inquiry resulting in denial of opportunity to the applicant. The disciplinary authority by an order dated 19th August 1993, appointed another Inquiry Officer as the previous Inquiry Officer to whom the matter was remitted for conducting the inquiry afresh in the light of the direction made by the disciplinary authority had, by the time, been transferred (Annexure-7). At this stage, it may be noted that the respondent had already filed aforesaid O.A. No. 322 of 1994. During the pendency of the said original application, the departmental proceeding culminated into an order dated 19.3.1996, whereby he was held guilty and inflicted with punishment in the shape of withholding of one increment without cumulative effect for six months. It further appears from the record that the petitioner, aggrieved by the aforesaid order, passed by the disciplinary authority, preferred appeal which was also considered, and rejected by a reasoned order dated 30th January, 1997 (Annexure-4). The order of punishment passed by the disciplinary authority was to take effect from 1.4.1996 and elapsed on 1.10.1996. Thereafter the respondent was granted his due promotion w.e.f. 1.10.1996. The respondent retired from service w.e.f. 31.12.1997.

(3.) The Tribunal, on a consideration of materials placed before it, set aside the order(s) passed by the disciplinary authority as well as appellate authority during the pendency of the original application, and has directed to give the applicant all the benefits of promotion to the cadre of Senior Accounts Officer in the scale of Rs. 2200-4000 w.e.f. 18.5.1990.