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| CAT directs respondents to consider extension of promotional benefits in IAS Cadre | | | Early Times Report
JAMMU, Dec 11: A Judicial Member of Central Adminstrative Tribunal Srinagar in a petitition filed by Mohammad Aslam Wani alias Laigaroo, directed respondents to pass orders accordingly for granting the retiral benefits to the petitioner and also consider the extension of promotional benefits in the IAS Cadre.
CAT observed that the petitioner initially joined in Gazetted Service of Tourism Department. He was inducted in KAS Cadre w.e.f. 1973.
A criminal case was registered against the petitioner under FIR No. 28/1995 under Section 5(2) of Prevention of Corruption Act read with Sections 12 and 14 of J&K Public Men and Public Servants Declaration of assets and other provisions act, 1983. During the pendency of the criminal case before the Competent Court of Criminal Jurisdiction, the petitioner was reinstated in service on 09.02.2001. The Special Judge, Anti-Corruption Srinagar vide final judgment and order dated 30.06.2009 acquitted the petitioner from all the charges. The operative portion of the said judgment dated 30.06.2009 is reproduced as under:-
"After considering the evidence adduced I am of the view that neither the quality of the material produced nor their proper evaluation could be held sufficient to convince or satisfy the judicial conscience to record a verdict of guilt, on such slender evidence.
The cumulative effect of the above proceedings is that the prosecution has miserably failed to bring home guilt to the accused. Accordingly the accused is acquitted. File after due compilation shall go to records."
Aggrieved by the judgment and acquittal order passed by the Trial Court, the respondent State filed a Criminal Appeal No. 01 of 2010 before the Hon'ble High Court of Jammu & Kashmir at Srinagar. The Hon'ble High Court vide its order dated 01.05.2024 rejected the criminal appeal of the State and affirmed the judgment and order of acquittal passed by the Trial Court on 30.06.2009. The petitioner has already superannuated from service on 30.06.2010.
Senior Advocate appearing on behalf of the petitioner submits that since the petitioner has already been acquitted by the Trial Court on 30.06.2009 and the same has been affirmed by the Hon'ble High Court in appeal vide order dated 01.05.2024, the petitioner has also superannuated from service in 2010, therefore, now the petitioner is entitled for all the retiral benefits.
On the other hand, the counsel for the respondents submits that though no appeal has been filed against the dismissal of the criminal appeal by the High Court on 01.05.2024, but the petitioner was involved in a serious criminal case. The respondents will assess overall circumstance and will come to a final conclusion.
CAT after hearing both the sides observed that it is a matter of record that the Trial Court has acquitted the petitioner on 30.06.2009. The criminal appeal filed by the State Government before the Hon'ble High Court has also been dismissed by the Court on 01.05.2024. The petitioner has already superannuated from service on 30.06.2010. No appeal has been filed by the respondents before the Apex Court against the order of acquittal. In view of this, the petitioner is entitled for all the consequential benefits, specially all the retiral benefits and promotional benefits which he would have otherwise acquired during his service period, CAT said.
CAT directed the respondents are directed to pass orders accordingly for granting the retiral benefits to the petitioner and also consider the extension of promotional benefits in the IAS Cadre in terms of notice dated 20.11.2007.
—JNF |
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