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2014 Supreme(Megh) 244
MEGHALAYA HIGH COURT
Uma Nath Singh, T. Nandakumar Singh, JJ.
Union of India - Appellant
Versus
Ram Sukhpal Singh - Respondent
WA No. 6/2014 in WP(C) (SH) No. 440/2010
Decided On : 04-12-2014
For the Petitioner: R. Deb Nath, CGC.
For the Respondents: K. Paul, Adv.
When an employee is completely exonerated from a charge, he is entitled to the salary of the higher post from the date on which he would have normally been promoted.
Headnote:
Salary Arrears - Promotion - CCS (CCA) Rules, 1965 - F.R. 27 - Union of India & Ors v. K.V. Jankiraman & Ors (1991) 4 SCC 109 - State of Haryana & Ors v. O.P. Gupta & Ors (1996) 7 SCC 533 - State of Kerala & Ors v. E.K. Bhaskaran Pillai (2007) 6 SCC 524 - v. Kranti Junior Adhyapak Mahavidyalaya (D.ED) & Ors (2013) 10 SCC 324 - Deepali Gundu Surwase's case (Supra) - Iswarlal Mohanlal Thakkar v. Paschim Gujrat VIJ Company Limited & Anr (2014) 6 SCC 434
Fact of the Case:
The respondent/writ petitioner was exonerated from a charge and subsequently promoted to the rank of Commandant. However, he was denied arrears of pay for the period preceding the date of actual promotion. The respondent filed a writ petition seeking the arrears of pay, which was disposed of by the learned Single Judge in his favor.
Finding of the Court:
The learned Single Judge found that the respondent was entitled to his salary for the post of Commandant from the date of his promotion, as he was exonerated from the charge and there was no fault on his part for not being allowed to work in the higher post.
Issues: The main issue was whether the respondent was entitled to arrears of pay for the period preceding his actual promotion as Commandant.
Ratio Decidendi: The court relied on various legal precedents to establish that when an employee is completely exonerated from a charge, he is entitled to the salary of the higher post from the date on which he would have normally been promoted. The principle of 'no work no pay' cannot be applied in cases where the employee is willing to work but is kept away from work by the authorities for no fault of his.
Final Decision: The writ appeal was dismissed, affirming the finding of the learned Single Judge that the respondent was entitled to his salary for the post of Commandant from the date of his promotion.
Judgment
T. Nandakumar Singh, J.1. Heard Mr. R Deb Nath, learned CGC appearing for the appellants and Mr. K Paul, learned counsel appearing for the respondent/writ petitioner.
2. This intra court appeal is directed against the judgment and order of the learned Single Judge dated 18.04.2012 passed in WP(C)(SH) No. 440/2010 filed by the respondent/writ petitioner wherein and where-under, the appellant No. 3 (respondent No. 3 in the writ petition) was directed to take necessary steps to release arrear of pay of the respondent (writ petitioner) for the period w.e.f. 29.09.2007 onwards within two months from the date of receipt of the order.
3. The graphic statement of fact leading to the filing of the writ petition i.e. WP(C)(SH)440/2010 is mentioned in the impugned judgment and order dated 18.04.2012 passed in WP(C)(SH) No. 440/2010. However, for appreciation of the grounds taken in the memo of appeal, the concise fact of the respective case of the parties is recapitulated.
4. The respondent/writ petitioner was promoted to the rank of Second-in-Command in the month of October, 2004 and the respondent/writ petitioner was considered for promotion to the rank of Commandant by the Departmental Promotion Committee (for short 'DPC') convened on 22.06.2007 and 10.04.2008 for the vacancy year 2007-08 and 2008-09 respectively. But the recommendations of the aforesaid DPC were kept in a "sealed cover" due to pending disciplinary proceedings against the respondent/writ petitioner. The said disciplinary proceeding was initiated vide Memorandum No. D-IX-11/2005-CRC dated 18.05.2007 for the article of charge that "the respondent/writ petitioner posted in CTC-III while functioning as Deputy Commandant (Adm) at GC, CRPF, Lucknow (U/P) during recruitment of constable/GD 2003-04 at GC, CRPF Lucknow committed neglect of duty/remission in the discharge of duty in his capacity in that, he issued appointment letters to wrongly selected candidates as per Board proceeding prepared by the Recruitment Board without checking correctness of the Board proceeding and cut off percentage marks for SC/ST candidate in contradiction to the instructions issued vide Directorate General letter No. R.II-15/2000-Pers-II dated 09.09.2000, as a result, 23 unqualified candidates of SC/ST categories were issued offer of appointment letters erroneously. Thus, the respondent/writ petitioner failed to maintain absolute devotion to duty and failed to detect the mistakes in the merit list submitted by the Board and thereby violated the provisions contained in Rule 3(1)(ii) and (iii) of CCS Conduct Rules, 1964".
5. The respondent/writ petitioner submitted his written statement of defence. The Additional DIGP Pers. I, Govt. of India, Ministry of Home Affairs, Directorate General, CRPF issued an order dated 31.01.2008 for appointing one Shri. R.P. Singh, DIGP, CRPF Allahabad as the Inquiry Authority to inquire into the charge framed against the respondent/writ petitioner. After, full length departmental inquiry, the inquiry officer submitted the inquiry report that the charge leveled against the respondent/writ petitioner had not been proved. The DIG (CR & Vigilance) after consideration of the inquiry report, issued order being No. D.IX-11/2005-CRC dated 17.02.2009 that the ends of justice would be met in this case if the charge leveled against the respondent/writ petitioner is dropped and he is exonerated of the charge leveled against him. The President therefore, orders accordingly. It would be more profitable to quote the said order dated 17.02.2009 hereunder:--
"DIRECTORATE GENERAL, CRPF
BLOCK NO-1, CGO COMPLEX, LODHI ROAD, NEW DELHI-03
(Ministry of Home Affairs)
No. D.IX-11/2005-CRC Dated, the 17 Feb, 2009
ORDER
WHEREAS, Departmental Enquiry proceedings under Rule 14 of CCS (CCA) Rules, 1965 were conducted against Shri. Ram Sukhpal Singh, Dy.Comdt.(Now 2-I/C) (IRLA-3409) vide Presidential Memorandum No. D.IX-11/2005-CRC dated 18/05/2007.
2. AND, WHEREAS, the statement of article of charg
