Financial upgradation under the MACP Scheme is subject to the same criteria as normal promotion; therefore, the pendency of disciplinary proceedings or the currency of punishment on the eligibility date justifies the denial of such upgradation.

O R D E R

PRAMOD KUMAR DAS, MEMBER (A):

It is the case of the applicant that on 11.12.1986, he joined as PA in Postal Department. As per the Modified Assured Career Progression Scheme (MACP) dated 01.09.2008, he was eligible for second financial upgradation w.e.f. 01.09.2008, i.e. the cut off date. Other employees were also granted the said benefit w.e.f. 01.09.2008 but the applicant was deprived of the said benefits. He approached this Bench in OA No. 578/2011, which was disposed of on 09.09.2011 grating liberty to the applicant to make representation. He submitted representation on 22.09.2011 but the same was rejected on 21.02.2012. He challenged the said order of rejection in OA 40/2013 and the same was disposed of by this Bench on 06.05.2020 with direction to consider grant of MACP to the applicant w.e.f. 01.09.2008 after completion of the period of punishment on 24.02.2016. Respondents once again rejected his claim on 25.06.2020 and since the rejection was not in accordance with the order of this Bench, he filed CP No. 19/2021, which was dropped on 07.12.2022 with liberty to the applicant to approach in appropriate proceedings and not in contempt. According to the applicant, the order of rejection dated 25.06.2020 being bad in law, he has approached this Bench in the instant OA. the prayer of the applicant in this OA is to quash the order dated 25.06.2020 and to direct respondent No.5 to grant two financial upgradations under MACP Scheme w.e.f. 01.09.2008 with consequential service and financial benefits retrospectively.

2. It is the case of the respondents that on receipt of the order of this Bench dated 06.05.2020 in OA 440/2013, the case of the applicant was examined/reexamined with reference to the service sheets/records of the applicant vis a vis rules and keeping in mind the decision of this Bench. As per DoP&T OM dated 19.05.2009, grant of financial upgradation under MACP is subject to the rules governing normal promotion, in other words, the criteria and conditions applicable in the matter of promotion shall also be made applicable in case of financial upgradation under MACP. According to them, in the instant case, vide memo dated 21.12.2004, the applicant was charge sheeted under Rule 16 of the CCS (CCA) Rules, 1965, which was culminated in imposition of recovery of Rs. 16,800/- from his pay vide order dated 01.02.2005. Applicant preferdree dn oavpopeal and the Appellate Authority remitted the matter for proceedings. Another charge sheet under Rule 14 of CCS (CCA) Rules, 1965 was issued to him vide memo dated 16.08.2006. Again, vide memo dated 06.06.2007, he was charge sheeted under Rule 14 of CCS (CCA) Rules, 1965. The proceedings initiated vide memo dated 16.08.2006 culminated with imposition of punishment of dismissal from service and recovery of an amount of Rs. 15,700/- vide memo dated 25.03.2010. Applicant preferred appeal and the AA vide order dated 08.09.2010 modified the order of punishment to that of recovery of Rs. 15,700/- and reduction of pay by one stage for one year with further direction that he will not earn increment during the period of reduction and on expiry of such period it will have the effect of postponing future increment of pay. The said order of punishment was made effective from 17.09.2010 to 16.09.2011.

The proceedings initiated vide memo dated 06.06.2007 was ultimately culminated with imposition of punishment of reduction to a lower post of Postal Assistant until found fit after a period of 10 years from the date of the order to be restored to higher post in the cadre of LSG with further direction that the CO will not regain the original seniority in the post as and when it will be restored vide order dated 24.02.2011. Ag