ORDER

( R.HEMALATHA, J.)

The present Writ Petition is filed against the orders of Central Administrative Tribunal in O.A. No.310/1128/2018 dated 03.06.2020 praying for issue of a writ of certiorari calling for the records of the same and quashing the said order.

2. The petitioners are Union of India represented by Secretary, Ministry of Commerce and Industries, New Delhi, Salt Commissioner, Jaipur and Chief Controller of Accounts, Ministry of Commerce and Industries, New Delhi, while the respondents are Registrar, Central Administrative Tribunal, Chennai (R1) and H.K. Sharma, Assistant Salt Commissioner (Retired)Thane (R2).

3.Briefly and quickly into the facts of the case :

i. The second respondent H.K.Sharma who was the Assistant Salt Commissioner was promoted as Deputy Salt Commissioner on adhoc basis on 01.08.2013 and was posted to the office of Deputy Salt Commissioner, Mumbai.

ii. Subsequently in the Departmental Promotion Committee (DPC)

meeting held on 22.07.2014 his name was approved for promotion as Deputy Salt Commissioner on a regular basis. It was also conveyed to the second respondent.

iii. However, on 01.08.2014 he was placed under suspension for certain alleged irregularities / misconduct and the promotion was kept under sealed cover. However, his junior one Dr.R.S.Kashyap was promoted on 08.08.2014 with effect from 22.07.2014.

iv. The suspension of the second respondent was revoked on 04.11.2014 on expiry of 90 days as per rule.

v. A memorandum of charge dated 12.08.2015 was issued to the second respondent for certain alleged acts of his which was in contravention to the Rule 3 (1) (ii) of CCS (conduct) Rules 1964. The second respondent's reply for the charge memo was received on 28.10.2015.

vi. In the meanwhile, the second respondent filed O.A.No.310/01039/2015 in Central Administrative Tribunal, Chennai and based on the directions gave another representation dated 09.12.2015 which was rejected by the first respondent on 17.12.2015. He was also reverted back to his substantive post of Assistant Commissioner of Salt by order dated 21.07.2015 after completion of one year.

vii.Aggrieved over the denial of his promotion and release of promotion to his junior with effect from 22.07.2014, the second respondent approached the Central Administrative Tribunal in O.A.No.310/00202/2016 in which it was ordered on 13.07.2016 that the promotion be issued to him from 22.07.2014 as against his junior Dr. Kashyap.

viii.This order of the Central Administrative Tribunal was dismissed by this Court in W.P.No.2684 of 2017 filed by the present petitioners.

ix. The order of this Court in W.P.No.2684 of 2017 was not challenged by the second respondent and instead a new O.A.No.310/00375/2017 was filed by him in the Central Administrative Tribunal, Chennai, challenging the charge memo dated 12.08.2015 praying for quashing the same on the ground that no specific approval of the Disciplinary Authority under Rule 14 (3) of CCS (CCA) Rules for framing of charges was obtained. It was quashed on technical grounds. This order was dated 31.08.2017.

x. On the same date i.e. 31.08.2017 the second respondent was superannuated from service. He had also given two representations dated 02.09.2017 requesting the petitioner to issue promotion order and release his retirement benefits. When the representation did not evoke any response, he went ahead filing O.A.No.310/00282/2018 in which Central Administrative Tribunal on 27.02.2018 directed the petitioners to consider his representation as per law. However, his representation was not answered properly and again he approached the Central Administrative Tribunal, Chennai in O.A.No.310/1128/2018. He had prayed for release of promotion with effect from 22.07.2014, regularisation of suspension period from

01.08.2014 to 04.11.2014 and for release of pensionary benefits.

xi. On 03.06.2020, O.A.No.310/1128 of 2018 was allowed with direction to consider his name for promotion from 22.07.2014, to consider regularisation of sus