UNION OF INDIA AND OTHERS Vs. P.K. SARIN

JUDGEMENT

(1.) This petition is directed against the order passed by the learned Central Administrative Tribunal (for short 'Tribunal') whereby the Original Application as filed by the respondent herein came to be allowed and the petitioners were directed to grant to the respondent the benefit of ACP with effect from the due date.

(2.) The case has a chequered history. The respondent joined services of the petitioners as Junior Engineer on 02.08.1976 and in 1984 was promoted as Assistant Engineer. On 13.03.1991, he was implicated in a trap case along with Junior Engineer S.K. Awasthi and was placed under suspension on 29.04.1991. Vide order dated 16.11.2000, the respondent was allowed cross efficiency bar with effect from 01.10.1990. The prosecution launched against the respondent resulted in his acquittal vide order dated 20.08.2002 and thereafter the suspension of the respondent also came to be revoked on 27.01.2003 and this period of suspension vide order dated 12.03.2004 was ordered to be treated on duty for all purposes.

(3.) On 01.03.2007, the respondent approached the learned Tribunal for grant of ACP and vide order dated 20.08.2009, the petitioners were directed to conduct review DPC to consider the claim of the respondent with effect from 01.08.2000 by ignoring the adverse ACRs. The petitioners assailed this order by approaching the Honourable Delhi High Court and vide order dated 02.11.2010, the petition was disposed of by directing the petitioners to constitute a review DPC to consider the grant of second ACP and it was observed as under:-