Pending criminal case unrelated to official duties does not justify sealed cover or denial of ad hoc promotion/DACP after two years from DPC, if no suspension and vigilance clearance exists per DoP&T O.M. 14.09.1992.

ORDER

Per Hon’ble Mr. Suchitto Kumar Das, Administrative Member :

1. The applicant has filed this Original Application under Section 19 of the Administrative Tribunal Act, 1985, praying for the following relief(s) highlighting the facts of the case:

“a) To quash and/or set aside the impugned office order dated 12.11.2020 issued by the Director, National Institute of Homoeopathy, Kolkata whereby and whereunder they have rejected the claim of the applicant for upgradation of his ACR/APAR and directed that his case may be kept in the sealed cover due to pending criminal case against him being Annexure A-6 of this original application;

b) To quash and/or set aside the impugned order dated 19th July, 2021 issued by the Government of India, Ministry of AYUSH, Homeopathy Section whereby they have rejected the claim of the applicant for grant of DACP benefit on ad hoc basis by not complying with the office memo dated 14th September, 1992 issued by the DOPT being Annexure A-12 of this original application.

c) To quash and/or set aside the impugned office order dated 31.08.2021 by which the Government of India, Ministry of AYUSH, Homoeopathy Section communicated to the Director, National Institute of Homoeopathy, Kolkata regarding ad hoc promotion of the applicant may be kept in abeyance till the final outcome of the criminal case against the applicant which is clearly against the mandatory office memo dated 14th September, 1992 issued by DOPT being Annexure A- 14 of this original application

d) To quash and/or set aside the impugned communication letter dated 9th December, 2021 issued by the Joint Director, National Institute of Homoeopathy, Kolkata by which your applicant was communicated that because of not sanctioning by the Ministry of AYUSH regarding grant of ad hoc promotion to the post of Associate Professor, the Ministry of AYUSH has directed that the matter may be kept in abeyance till the final outcome of the court case being Annexure A-15 of this original application.

e) To declare that views taken by the Ministry of AYUSH, Government of India, Homoeopathy Section in the impugned office orders dated 12.11.2020 (A-6) 19th July, 2021 (A-12), 31.08.2021 (A-14) and 9th December, 2021 (A-15) are wholly against under paragraph 4 of the office memo dated 14th September, 1992 of the DoP&T and in terms of the said office memo dated 14.09.1992 the applicant is fully entitled for getting ad hoc promotion to the post of Associate Professor in the Grade Pay of Rs. 7600/- in PB-3 with effect from the respective date of his eligibility along with all consequential benefits.”

2. Facts as narrated by the applicant are as follows:

The applicant joined the National Institute of Homoeopathy, Kolkata as a Lecturer on 30th September, 2010. On 21.10.2016 an outsider made a complaint against the applicant before the Officer-in-Charge, Bidhannagar Police Station. On the basis of the complaint, the Officer-in-Charge, Bidhannagar Police Station lodged an FIR and proceeded with the case under Section 341/324/506/34 of IPC by FIR dated 21.10.2016. The criminal case is still pending. Applicant did not get the benefit of DACP as well as ad hoc promotion to the post of Associate Professor in the Grade Pay of Rs. 7600/- in PB-3. The applicant made an appeal on 19.10.2021 to the Director, National Institute of Homoeopathy, Kolkata for considering his ad hoc promotion to the post of Associate Professor in terms of the office memo dated 14th September, 1992 but the Director of National Institute of Homoeopathy, Kolkata vide impugned office order dated 12.11.2020 com