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| Exonerated person entitled to all service benefits: CAT | | | Early Times Report
Srinagar, Jan 28: In a significant judgment, Central Administrative Tribunal Srinagar Comprising Krishna, Member (Administrative) and D.S.Mahra, Member (Judicial) has held that if a person is exonerated from the criminal/departmental proceedings, he will be entitled to all the service benefits.
This judgement has been passed in a petition filed by Mushtaq Ahmad Najar who was appointed as follower in the respondents’ department J&K Police on 04.02.1989 and was subsequently converted as constable in 1999. The applicant was posted in Traffic Wing of the Department in the year 2009 and was deployed at Qazigund Zig point for duties.
The applicant along with another constable was alleged to have been caught red handed for taking the bribe from some truck drivers. Thereafter, an FIR No. 172 of 2009-U/S 161 RPC which is Section 5(2) of prevention of Corruption Act was lodged against the applicant as well as another constable and they were arrested. They were put under suspension by the SP Traffic Rural Kashmir vide order No.1of 2009 dated 28/09/2009. Thereafter, the departmental enquiry was initiated against them.
The petitioner filed present petition seeking quashemnt of the impugned order No. 96 of 2011 dated 13.05.2011 and Order no. 276 of 2016 dated 09.12.2016 and declare same as null and void and also direction to the respondents to give in situ promotion as well as promotion to the next higher post to the petitioner on the analogy of similarly situated employees and also seeking direction to the respondents to release the increments for the period of six months during which the petitioner remained under suspension.
The CAT after hearing both the sides observed that it is evident from the discussion, that the applicant has already been exonerated from the FIR No. 172 of 2009 by the Judicial Magistrate First Class, Qazigund. His colleagues who were similarly placed have been given promotion.
The CAT held that it is a settled position of law that if a person is exonerated from the criminal/departmental proceedings, he will be entitled to all the service benefits.
With these observations, the CAT allowed the petition and ordered that the impugned order No. 96 of 2011 dated 13.05.2011 and order 276 of 2016 dated 09.12.2016 are quashed.
The CAT directed the respondents to give in-situ promotion and promotion to the next higher post to the applicant on the analogy of similarly situated candidates as well as to release the increments for the period of six months during the suspension period of the applicant. JNF |
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