Administrative delays in promotion processes cannot prejudice an employee, especially after acquittal of criminal charges.

ORDER (ORAL)

Per : Hon’ble Dr. Hukum Singh Meena, Member (A)

1. Being aggrieved with the non-grant of promotion and other consequential benefits, the applicant has filed the present OA under Section 19 of the Administrative Tribunals Act 1985 seeking following relief:-

“8. Relief Sought:

Under these circumstances, the applicant prays that this Hon’ble Tribunal may be pleased to pass an order:

(A). Directing the respondents to grant promotion to the applicant on the post of Assistant Commercial Clerk, now Commercial cum Ticket Clerk with effect from 19.04.2006 and pay him all consequential benefits like difference of salary, seniority, re-fixation of pension, etc,, with 12 per cent interest.

(B). Passing any other appropriate order.”

2. Brief facts of the case are as under:-

2.1 The applicant submitted that he was appointed as Class 4 employee in Railways in the year 1982. Subsequently, the respondents conducted Departmental Promotion Committee (DPC) meeting and published the outcome of the DPC on 19.04.2006 (Annexure A/1 refer) for the purpose of granting promotion to the post of Assistant Commercial Clerk (now Commercial Clerk/Ticket Clerk), against 33.1/3 per cent quota. However, his result was kept in seal cover as SPE case was pending against him.

2.2 He submitted that in the year 2005 a false and fabricated criminal case no. 152/2005 was initiated against him by the PSI Crime Branch, Ahmedabad for alleged offences under Sections 25(1) (B)(A) and 29 of the Arms Act and under Section 135(1) of Bombay Police Act.

In the aforementioned criminal case, the Learned Additional Chief Metropolitan Magistrate, Court No. 11, Ahmedabad acquitted the applicant vide judgment dated 18.10.2021 (Annexure A/2 refer).

2.3 The applicant further submitted that immediately after his acquittal in the aforesaid criminal case, he had submitted a representation dated 23.10.2021 before the respondent no.2 and requested him to open the sealed cover proceedings and grant him promotion as early as possible as he was going to retire on 31.05.2022 (Annexure A/3 refer).

2.4 Thereafter, on 11.11.2021, another representation was submitted before the respondent no.3 whereby the applicant conveyed to the said authority that he had submitted an application for opening of sealed cover proceedings for the promotion to the TC/ACC in the year 2006 but due to SPE/Criminal Case going on against him, his result was kept in sealed cover.

Further, he stated that, he was acquitted in the said Criminal Case and therefore, the sealed cover may be opened and as soon as possible and he may be granted promotion. In support of the submissions made in the representation, the applicant had also attached requisite documents along with a copy of acquittal judgment (Annexure A/4 refer).

2.5 Thereafter, again on 26.11.2021, the applicant submitted another representation before the respondent no. 3 herein to open the seal cover proceedings for promotion and grant him promotion as he was going to retire on 31.05.2022 (Annexure A/5 refer).

2.6 Being aggrieved with, inaction on the part of the respondents, the applicant again submitted a representation on 10.01.2022, requesting to open the seal cover and grant him promotion as he was going to retire on 31.05.2022 (Annexure A/6 refer).

2.7 In response to the aforesaid representations, the office of DRM vide Memorandum dated 10.03.2022, informed the applicant that his final result which was held on 19.04.2006 was declared; his name for promotion to the post of ACC in the Scale Rs. 3200-4900 was approved and applicant herein was placed below the name of Shri Chandmal Bansilal PP/GIM and above the n