UPENDRA NATH TRIPATHI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner seeks for quashing the order dated 31.10.2012 passed by the Central Administrative Tribunal, Circuit Bench at Ranchi in O.A. No. 210 of 2010(R), whereby the Tribunal rejected the claim of the petitioner for promotion in the scale of Rs.6500 -10,500/ - on the ground of delay and also the Tribunal declining to quash the order dated 15.10.2008 passed by the Appellate Authority by which the prayer of the petitioner for his promotion in the pay scale of Rs.6500 -10,500/ - with effect from the date, when his juniors have been promoted in the said scale since 1994.

(2.) THE petitioner was appointed as Assistant Station Master on 22.6.1981 at Dhanbad and while on duty he was declared medically unfit on the ground of colour blindness and on 12.2.1988 he was declared fit and was posted as Assistant Commercial Traffic Inspector in the grade of Rs.1400/ -. On 24.10.1992, the petitioner was served with memo of certain. charges and he was put under suspension and petitioner remained under suspension from 24.10.1992 to 13.7.1995 during which a departmental proceeding was initiated against him. Finally the suspension was revoked and petitioner was exonerated from the charges by the disciplinary authority by the order dated 1.9.1999. As a result of exoneration of the charges, the period of suspension of the petitioner from 24.10.1992 to 13.7.1995 was treated as "continued in duty".

(3.) DURING the period of suspension of the petitioner, a Board meeting was held on 13.4.1994 for promotion and the name of the petitioner was placed at Serial no.5 but the petitioner was not called for interview and the result was declared on 5.1.1995 for the same skipping the petitioner.