Khanwilkar, CJ. -- 1. This writ petition under Article 226 of the Constitution of India takes exception to the judgment of the Central Administrative Tribunal, Jabalpur Bench, Jabalpur, dated 4th April, 2008, in Original Application No.812/2006. The said original application was filed by the petitioner against the order dated 7.6.2006, whereby his request for grant of financial upgradation under the Assured Career Progression Scheme (for short 'ACP') was rejected. The Tribunal relying on the fact that the Appellate Authority vide order dated 9.5.2002 imposed additional punishment that the period between removal from service to the date of reinstatement shall not be counted as on duty, negatived the claim of the petitioner and refused to grant any relief to the petitioner on the finding that the decision of the Appellate Authority has become final.

2. For considering the grievance of the petitioner, we would refer to the operative order of the Appellate Authority dated 9.5.2002, which reads thus

“And therefore, in the light of preceding paragraphs and having regard to the facts and circumstances of the case, the undersigned decides to moderate the penalty of 'Removal fr