UNION OF INDIA Vs. ISHWAR PD.

JUDGEMENT

(1.) Heard learned counsel for the Union of India through the Postal Department and learned counsel for the contesting private respondent, who was the applicant before the Tribunal.

(2.) This writ petition is directed against the order of the Central Administrative Tribunal, Patna Bench, Patna dated 29.02.2012, passed in O.A. No. 227 of 2009. The OA of the respondent in this writ petition was allowed and rightly so. The applicant before the Tribunal, who is the contesting respondent herein was a Postal Assistant. He was involved in a criminal case. By reason of being involved in a criminal case, he was not granted promotion though he was allowed to sit in the promotional examination. His results were withheld pending the criminal case. In due course of time his juniors were promoted whereas he was not promoted because of pendency of criminal case. He superannuated in 2006. In 2007, he was acquitted after full-fledged trial, on merit. Thus, the acquittal was an honourable acquittal. He then applied for his marks and in the year 2008 he was given his marks which he had secured in the promotional examination. He, accordingly, demanded that as he had secured more marks than many of his juniors who had been promoted, he should accordingly be granted promotion from the date his juniors were granted promotion, not only the initial promotion but subsequent promotion as well, because all were denied because of pendency of criminal case.

(3.) The Tribunal appreciating the fact rightly held that as promotion had been denied to him merely on the ground of pendency of criminal case, upon closure of the criminal case and by virtue of acquittal, the applicant had to be granted the benefits which had been withheld. We see no reason to take a different view of the matter. The writ petition is, accordingly, dismissed.