Case Law Details
Bhupendra Pal Singh Vs Union of India (Bombay High Court)
that there being no valid and acceptable explanation for the delay of almost 6 (six) years in issuance of the charge-sheet coupled with the fact that the petitioner attained the age of superannuation on November 30, 2011, it would be just and proper and in the interest of justice to set aside not only the impugned judgment and order of the Tribunal dated March 1, 2019 but also the Memorandum of Charges dated December 4, 2009. It is ordered accordingly.
Since, in this case too, the sealed cover procedure was adopted by the Departmental Promotion Committee qua the petitioner’s promotion to the post of Superintendent, we direct in tune with prayer clause 8.02 of the original application that the respondents shall look into the recommendation contained in the sealed cover and promote the petitioner to the post of Superintendent, if found fit. Such order, to be issued within a month from date, will take effect from the date the petitioner’s promotion was due. While the petitioner shall not be entitled to any arrears of monetary benefit for such promotion, his pension shall be calculated as if he had retired on superannuation as Superintendent and based on the pay that he would have last drawn as such. If the Departmental Promotion Committee did not recommend the petitioner for promotion, an intimation shall be sent to him in that behalf. In such case, the petitioner shall be entitled to pension based on the last pay drawn by him. The terminal benefits including pension, gratuity and other benefits to which the petitioner is entitled, based on promotion or otherwise, as the case may be, shall be released as early as possible but positively within 3 (three) months of issuance of the order of promotion as above. The petitioner shall be entitled to interest on such unpaid amount at the highest rate that nationalized banks offer for fixed deposits.
FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT
THE QUESTION REQUIRING AN ANSWER
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