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Original Application No. 33 of 2013. Case: K. Abdulla Vs The Administrator, Union Territory of Lakshadweep, The Secretary, The Executive Engineer and The Superintending Engineer. Central Administrative Tribunal

Judgment Cited in Precedent Map Related
Case NumberOriginal Application No. 33 of 2013
CounselFor Appellant: Mr. T.C. Govindaswamy, Advocate and For Respondents: Mr. S. Radhakrishnan, Advocate for R1-4
JudgesA.K. Basheer, Member (J) and K. George Joseph, Member (Ad.)
IssueService Law
Judgement DateTuesday October 29, 2013
CourtCentral Administrative Tribunal

Order:

K. George Joseph, Member (Ad.)

  1. The applicant, a Head Draftsman in the office of the respondent No. 3 was placed under suspension vide order dated 01.10.2012 upon filing of a charge sheet against him by the CBI under various Sections of IPC and Prevention of Corruption Act, 1988, and he is still under suspension. The respondent No. 3 had submitted a proposal for considering him for grant of financial upgradation from due date under the ACP/MACP Scheme. However, the same was returned by the respondent No. 4 vide Annexure A-1 order dated 24.10.2012 on the ground of pending disciplinary action. Aggrieved, he has filed this O.A. for quashing Annexure A-1 and for a direction to the respondents to grant him the second financial upgradation in PB-2 with Grade Pay of Rs. 4600/- with effect from 04.04.2007 under the ACP Scheme with all consequential benefits or in the alternative, the benefit under the MACP Scheme with effect from 01.09.2008. The applicant contended that there is no disciplinary action pending against him. It is not even contemplated. The order of suspension dated 01.10.2012 is only because the trial is pending and not on account of any disciplinary action. He was not under a cloud either on 04.04.2007 when he became due for the second financial upgradation under the...

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