V G PRADHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE grievance of the applicant in this O.A. is to quash and set aside the impugned orders dated 29.3.2000 and 16.8.2000 and to direct the respondents to treat the period of suspension of the applicant as on duty and not as dies non and to grant pay @ 95% in terms of Sub-rules (5), (8) of FR 54-B.

(2.) While the applicant working as Income Tax Officer in Mumbai, inspection of his work revealed several short comings with regard to the assessment orders passed by him. After receiving his explanation and presenting the case he was placed under suspension with effect from 19.4.1984. A charge-sheet was issued to him and thereafter a regular inquiry was held and finally the disciplinary authority passed order on 28.1.1987 imposing the penalty of removal from service on the applicant. The applicant had challenged the same before the Tribunal in O.A. No. 26/88 which was allowed by order dated 8.8.1991 on the ground that the copy of inquiry report had not been served to the officer. The respondents in turn filed Appeal No. 3474/1993 in the Supreme Court, that appeal was partly allowed and the order imposing major penalty of removal from service was converted into deemed compulsory retirement by the Supreme Court by order dated 19.7.1993.

(3.) THE applicant filed M.P. for amending the O.A. to delete the multiple reliefs claimed by him and restricted his claim only to the treatment of the period of suspension in the impugned order dated 29.3.2000.