ORDER

By Hon’ble Mr. Anand Mathur, Member (A):

By virtue of the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has sought the following relief:-

“(i) That the Hon’ble Tribunal may graciously be pleased to pass an order declaring to the effect that the whole action of the respondents not considering the applicant for his due promotion after opening the sealed cover, from the date of promotion of junior persons to the post of Additional Plant Protection Advisor, is totally illegal, unjust, arbitrary and against the rules and law of the land and consequently pass an order directing the respondents to consider the applicant for his due promotion after opening the sealed cover, from the date of promotion of junior persons to the post of Additional Plant Protection Advisor and also consider for further promotion to the post of Plant Protection Advisor with all the consequential benefits including the arrears of difference of pay and allowances and revision of retirement benefits with arrears and interest;

(ii) That the Hon’ble Tribunal may graciously be pleased to pass an order directing the respondents to consider and to grant the third financial upgradation to the applicant on completion of 30 years of service under MACP scheme w.e.f. 24.10.2010 with all the consequential benefits including the arrears of difference of pay and allowances with revision of retirement benefits with interest; and (iii) Any other relief which the Hon’ble Tribunal deem fit and proper may also be granted to the applicant along with the costs of litigation.”

2. Brief facts of the case, as narrated in the OA and argued by learned counsel for the applicant, are as under:-

2.1 The applicant was initially appointed in the respondents’ department as Junior Chemist on 24.12.1980 and earned promotions from time to time up to the rank of Joint Director (Chemistry). He retired on attaining the age of superannuation on 30.09.2013 from the post of Joint Director (Chemistry) in the Directorate of Plant Protection, Quarantine and Storage, Ministry of Agriculture.

2.2 While the applicant was in service, a false and fabricated complaint was lodged against the applicant by Dr. S.S. Bhatnagar on 06.06.2011 with Superintendent of Police, CBI, Anti Corruption Zone, New Delhi, whereupon a Criminal Case was registered against him under Section 7 read with Section 13(2) and 13(1) (d) under the Prevention of Corruption Act, 1988.

2.3 A Chargesheet was filed before the CBI Court on completion of investigation and grant of sanction for prosecution. A major penalty Chargesheet under rule 14 of the CCS (CCA) Rules, 1965 on the same set of charges was also served upon the applicant vide Memorandum dated 14.03.2012.

2.4 The applicant was due for promotion to the post of Director, i.e., Additional Plant Protection Advisor (CIB&RC) and his name in the seniority list of officers holding the post of Joint Director issued by the respondents vide OM dated 24.09.2010 was at serial no.2. A DPC was conducted on 16.06.2011 for promotion of the post of Additional Plant Protection Advisor (CIL) in PB-4 + GP Rs.8700/- but recommendation of the DPC qua the applicant was kept in a sealed cover due to pendency of criminal case whereas his junior Dr. A.K. Sinha was promoted to the said post, vide order dated 07.07.2011.

2.5 On 08.07.2011 again a DPC was conducted for promotion to the post of Additional Plant Protection Advisor (CIB&RC) and this time also recommendation of the DPC qua the applicant was kept in sealed cover and his junior Dr. B.S. Phogat was promoted vide order dated 27.07.2011. If the applicant had been timely promoted to the post of Additional Plant Protection Advisor, he would have become eligible for further promotion to the post of Plant Protection Advisor after completion of two years of service.

2.6 The applicant has been acquitted