O R D E R

PER: DR. SANJIV KUMAR, MEMBER (A)

1.This Original Application has been filed under Section 19 of the Administrative Tribunal’s Act. 1985 seeking the following reliefs:

“1. To quash the Order No. S/P.535/TV/Welding/Vol III/F.No. W-9 (1) dated 09.10.2023, issued by the respondent No. 3, Annexure-A9.

ii. Direct the respondents to extend him the monetary benefits to the applicant on his promotional as Technician Grade-II and Technician Grade-l with effect from 26.12.2017 and 28.12.2019, respectively consequent upon his acquittal vide the judgement dated: 30.11.2022 in Spl. C/486/2017.

iii. Grant such other relief deemed fit, having regard to the facts and circumstances of the case.”

2. The above mentioned reliefs are claimed on the following grounds and legal provisions:

“(i) The applicant submits that the criminal proceeding initiated against him has no relation to his duties as an employee of the Railways. The allegation made against him is concerned to his personal matter. In any event, the criminal proceedings concluded in his acquittal. The court has held that the evidence in support of the charge against is not sufficient to prove the charge. As such, it is an honorable acquittal and the applicant is entitled to all the consequential benefits as if no criminal proceeding has been initiated against him. On the other hand, the applicant is entitled to get full salary during the period he was kept out of service due to criminal proceeding, promotion etc.

(ii) There is no justification to deny him the full salary during the period the criminal proceeding was pending against him. The allegations based on which the criminal proceeding was initiated against him does not constitute any offence. In any event, there was no evidence in support of the charge framed in the criminal proceeding. He is not liable to suffer any financial loss consequent upon his promotion to Tech-II and Tech-1 posts on proforma basis. The proforma promotions given to him are liable to be modified as regular promotions and the applicant is entitled to full salary and allowances during the period. Accordingly, the order at Annexure-A9 is liable to be modified accordingly.

iii) The respondents have erred in holding that the applicant was not acquitted of the charge honorably. The applicant was acquitted as there was no evidence in support of the charge framed in the criminal proceedings. The view taken by the respondents is erroneous.”

3. The brief facts of the case as mentioned in the synopsis are that the applicant was appointed as Helper at Central Workshop, South Western Railway, Mysuru on 13.05.2013. He was promoted as Technician Grade-III on the usual course. It was alleged that the applicant was in love with one Kum. Shailaja, belonging to the Scheduled Caste and residing in Mysuru. Her mother complained to the police that the applicant had declined to marry her as promised earlier and, hence, the girl made an attempt to commit suicide on 22.06.2017. In the said background, the applicant was arrested by the police on 24.06.2017 and released on bail on 31.07.2017. The applicant was placed under suspension on 23.06.2017 in terms of Rule 5(2) of Railway Servants (Discipline and Appeal) Rules, 1968. Kum. Shailaja died on 01.09.2017 in the hospital. The criminal proceedings were initiated against the applicant for the offenses under Section 417 and 306 of the Indian Penal Code and Section 3(2)(v) of the SC & ST (POA) act, 1989. The criminal proceedings ended in acquittal of the applicant in Spl. Case/486/2017 in the Court of the VI Addl. District and Special Judge, Mysuru, vide judgment dated 30.11.2022. The applicant submitted a representation to respondent No.2 on 08.03.2023 with a request to treat his deemed suspension period from 23.06.2017 to 04.08.2017 as on duty and for promotion due to him since 2017. In response to the same, the applicant has been informed by an order dated 18.07.2023 that he is now promoted to the post of Tech-II in Level-4 on par w