ORDER

By Hon’ble Mr. Mohan Pyare, Member (A)

Present Original Application has been filed by the applicant seeking the following reliefs:

“(A) To issue order or direction partly quashing the Order No.08/2018 F .No. A-31011/4/2011-CLS. I dated 20.03.2018 to the extent of provisional promotion in terms of DoPT OM No. 11012/6/2016-Estt.A-III dated 19.01.2017 w.e.f. from the date he assumes charge of the post, whereas it must have been given regular promotion since the date of eligibility in the year 2011-12 and from the date juniors have been promoted with all consequential benefits.

(Annexure No.A-1 to the Compilation No. I).

(B) To issue order or direction quashing the Order No.F No.A-31011/06/2017-CLS.I dated 27/28.08.2018 (Annexure No. A-2) to the Compilation No. I).

(C) To issue order or direction to the respondents to grant ACP/ MACP from the date the applicant is entitled as per rules with all consequential benefits.

(D) To issue any order or direction, which this Hon’ble Tribunal may deem fit and proper under the facts &

circumstances of the case.

(E) To award cost to the applicant. ”

2. Brief facts of this case as narrated in the Original Application are that the applicant was initially appointed as Labour Enforcement Officer (Central) vide order dated 18.10.1994 through UPSC in 1994 batch along with 24 other candidates and joined in the office of Chief Labour Commissioner on 26.05.1995 at Jabalpur. In the year 2003, he was served with major penalty charge sheet under Rule 14 of CCS (CCA) Rules vide order dated 04.06.2003 and against the same cause of action, he was involved in a CBI Case which was completed and a Special CBI Court on 19.12.2012 exonerated the applicant from the charges under Section 7, 13(2) read with Section 13(1)(D) of Prevention of Corruption Act, 1988. The applicant filed O.A./705/2015 before the Patna Bench of this Tribunal with the grievance that the departmental inquiry is taking too long and prayed to quash the same. The said O.A. was disposed of on 18.02.2016 with a direction to the respondents to complete the inquiry within six months in compliance of which the departmental inquiry against the applicant was concluded on 12.08.2016 and the applicant was exonerated from the charges framed against him. Thereafter, the applicant represented for grant of ACP/MACP benefits in view of the acquittal on 04.09.2016 and 17.11.2016. Against the judgement of the CBI Court dated 19.12.2012, the CBI has filed an Appeal No.141/2013 under Section 378 Cr.P.C. before the Hon’ble High Court, Lucknow Bench, Lucknow, the status of which is ‘Defective’ and the same is still pending. After one year and seven months of the conclusion of the departmental inquiry, the applicant was considered for provisional promotion on 20.03.2018 in Junior Time Scale Grade. The respondents promoted juniors of the applicant to Senior Time Scale vide order dated 27/28.08.2018 without considering the applicant for promotion to Senior Time Scale against which the applicant also moved a representation dated 08.09.2018 with a request to consider him for the same.

3. We have heard learned counsels appearing for the parties.

4. Submission of learned counsel for the applicant is that the sealed cover was opened in June 2017 and as per rules, after opening of the sealed cover, the applicant is entitled to get the promotion from the date he has been found fit for promotion and from the date his juniors have been promoted i.e. from the year 2011-12. He states that the applicant was given provisional promotion in Junior Time Scale vide order dated 20.03.2018 and further the applicant was not considered for promotion in Senior Time Scale vide order dated 27/28.08.2018 which is illegal and contrary to the established rules since at present no inquiry is pending against the applicant nor the Appeal has been admitted or any stay has been granted by any Superior Court or the Hon’ble High Court and even the Appeal which is only against the acquittal of the applica