Review Application No. 330/00023/2014 in Original Application No. 44 of 2011. Case: U.N. Dwivedi Vs Union of India. Central Administrative Tribunal

Case NumberReview Application No. 330/00023/2014 in Original Application No. 44 of 2011
CounselFor Appellant: A.N. Shukla and O.P. Mishra
JudgesS.S. Tiwari, J. (Member (J)) and B. Bhamathi, Member (A)
IssueCode of Civil Procedure, 1908 (CPC) - Order XLVII Rule 1; Indian Penal Code 1860, (IPC) - Sections 120B, 161; Prevention of Corruption Act, 1988 - Sections 22(3)(f), 5(1)(d), 5(2)
Judgement DateJuly 02, 2014
CourtCentral Administrative Tribunal

Order:

S.S. Tiwari, J. (Member (J)), (Allahabad Bench)

  1. This Review Application has been filed by the Review Applicant (applicant in O.A.) against the Order dated 05.05.2014 passed by this Bench through which O.A. No. 44 of 2011 U.N. Dwivedi vs. Union of India and others was dismissed.

  2. The review applicant (also the applicant in the O.A.) had sought the relief to quash the Orders dated 03.06.2010 and 20.02.1978 and had also sought the relief of issuing a direction to the respondents to reinstate the applicant in service on the same post and the grade as he was on 28.09.1976. A further direction was sought to direct the respondents to pay all salary and allowances payable to applicant and then promotion and grade payable to the applicant till the date along with cost of the O.A. against the respondents.

  3. The main grounds of Review Application are that the Tribunal has failed to consider several vital issues and facts which were raised before it. The Tribunal has also failed to consider the material points raised by the applicants counsel regarding incompetence of the authority to dismiss the applicant. Several statutory provisions and factual positions have been overlooked by the Tribunal.

  4. A perusal of records shows that the applicant was appointed on 20.02.1965 as Lower Division Clerk in the Office of Employee State Insurance Corporation at Sarvodaya Nagar, Kanpur. Later on, he was promoted as Upper Division Clerk in the year 1969 after passing departmental examination. Subsequently, he was charged with the case of embezzlement of ` 10/- in the Family Planning Scheme at that time and a criminal case under Section 120B read with Section 161 I.P.C. and under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 in which he was convicted with sentence of six months by the Trial Court. The records further revealed that his conviction was upheld even by the Hon'ble Apex Court though the period of sentence was reduced to period already undergone by the applicant. The applicant availed of all the available legal forums for redressal of his grievance several times but he could not get the relief from any forum. Ultimately, he filed a Writ Petition before the Hon'ble High Court, Allahabad in which the direction was given vide Order dated 23.10.2008 to the department that the applicant be informed about the fate of his Appeal within a period of two months. The applicant was informed by a detailed order dated...

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