OA/209/2011. Case: Bal Singh Shekhawat Vs Union of India. Central Administrative Tribunal

Case NumberOA/209/2011
CounselFor Appellant: S.S. Chaturvedi, Adv. and For Respondents: M.J. Patel, Advocate
JudgesUday Kumar Varma, Member (A) and M. Nagarajan, Member (J)
IssueIndian Penal Code 1860, (IPC) - Sections 302, 304
Judgement DateJuly 17, 2014
CourtCentral Administrative Tribunal


Uday Kumar Varma, Member (A), (Ahmedabad Bench)

  1. The applicant has approached this Tribunal seeking the following reliefs: -

    (i) This Hon'ble Tribunal may be pleased to quash and set aside the impugned order dated 24-7-2006 by holding it as illegal, unjust, improper against the Judgment delivered by the Jaipur Bench of the Hon'ble Tribunal in OA No. 155/2002 and also not in terms of provisions of Indian Railway Establishment Code which is pari materia with FR 54 and analogous provision and as a consequence on dismissing of SLP on 26-3-2009 by the Apex Court all provisional orders are to be directed to regularize. The Respondents are therefore to be directed to regularize the suspension period from 24-7-2006 till the date of dismissal and to pay arrears of salary with interest and the arrears of pay on consequential promotion w.e.f. juniors promoted in respective post of OS-II, OS-I and Chief OS on reinstatement with continuity of service and other consequential benefits with 18% interest per annum

    (ii) This application may kindly be allowed with cost at least Rs. 20,000/- in the facts and circumstance and considering the approach of the Respondents and series of litigation to be initiated on their illegal action.

    (iii) Pass any other and further orders and grant such orders and further reliefs that may be deemed fit, just and proper in the facts and circumstances of this case.

  2. The chequered history of this case is as under:

    The applicant was working as a Clerk in Railway Protection Force and thereafter by getting promotion, he was working as Head Clerk and was confirmed in the year 1993. On 27-3-1994, the applicant was arrested, as he was involved in a criminal case. The Session Judge of Sikar, Rajasthan convicted the applicant and other two accused and sentenced them to life imprisonment beside payment of fine vide Judgment dated 19-10-1995. In view of this, the applicant was placed under suspension vide order dated 29-4-1994 w.e.f. 27-3-1994 i.e. the date on which he was arrested. The applicant was also subjected to Departmental proceedings. A show cause notice was issued to the applicant and after conducting due enquiry, the applicant was dismissed from the service.

  3. The applicant being aggrieved by the order passed by the Additional District & Session Court in the criminal case, preferred an appeal before Hon'ble High Court of Rajasthan at Jaipur, wherein he was acquitted by the Hon'ble High Court of Rajasthan at Jaipur...

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