B. Amit Sthalekar, J. - (1.) Heard Sri Om Prakash Gupta, learned counsel for the petitioners and Sri Shyamal Narain, learned counsel for the respondent no.1.
(2.) This is a writ petition filed on behalf of the Union of India, Ministry of Defence, Controller General of Defence Accounts challenging the order of the Central Administrative Tribunal dated 16.11.2017 whereby the Tribunal set aside the order dated 30.09.2011 by which the representation of the respondent no.1 was rejected and a direction was issued to the petitioner Department to consider his case for promotion to the post of Junior Administrative Grade by holding review DPC and further for the post of Non Functional Selection Grade keeping in view that his juniors have been promoted and he has also undergone the penalty imposed upon him. The second order dated 14.02.2018 is the order passed by the Central Administrative Tribunal dismissing the petitioner's review petition.
(3.) Briefly stated the facts of the case are that the respondent no.1 was awarded a minor penalty vide order dated 20/21.12.2005 whereby penalty of reduction in pay by one stage from Rs.10,875/- to Rs.10,650/- for a period of three years without cumulative effect with the further stipulation that the same would not adversely effect his pension was passed. His case was that when the respondent no.1 was undergoing the penalty the officers of his batch were appointed on the post of Junior Administrative Grade w.e.f. 01.04.2007 but he was not granted promotion on the ground that he was undergoing punishment and that he had also been awarded a grading of 'Good' in his ACR for the year 2005-2006. It is stated that on account of the penalty order awarded to the respondent no.1 a secret note regarding his integrity was placed in his ACR for the year 2003-04 and after the respondent no.1 completed his period of penalty the secret note was opened and the facts were recorded in his ACR and a certificate to this effect dated 26.08.2009 was communicated to the respondent no.1. It is stated that thereafter the batch immediately senior to respondent no.1 were appointed to the post of Non Functional Selection Grade in the Pay Scale of Rs.37400-67000/- plus Grade Pay of Rs.8700/- w.e.f. 01.01.2009 vide letter/order dated 19.12.2008. Thereafter the batch of respondent no.1 was also appointed to the post of Non Functional Selection Grade in the same Grade w.e.f. 01.01.2010 vide order dated 22.12.2009.;