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| CAT directs to consider case of applicant for regularization of his promotion as DYSP | | | Early Times Report
Jammu, June 28: A Bench of Central Administrative Tribunal Comprising B Anand Member(A) and Rajinder Singh Dogra Member (J) directed UT to consider the case of the Sudershan Mehta for regularization of his promotion as Deputy Superintendent of Police w.e.f. the date he was entitled to be promoted on this post along with his other counterparts, along with grant of Selection Grade Deputy Superintendent of Police with all consequential benefits. CAT further directed that this action shall be completed within a period of two months from the date of receipt of a copy of this order.
The Applicant joined J&K Police as Sub-Inspector on 12-11-1990 in armed wing of J&K police and insitu Promotion was granted in favour of applicant in the rank of Sub-inspector after completing 9 years service. The applicant was promoted as inspector on 31-03-2000 vide PHQ J&K letter no. 972 of 2000 dated 31-03-2000. The applicant again got 2nd Insitu promotion in rank of inspector w.e.f 01-04-2009 vide PHQ J&K order 2107 dated 26-06-2010. On 20-07- 2012, the applicant was promoted as In-charge Dy. SP in his own pay and grade vide Govt order No. Home 625 (P) of 2012 dated 20-07- 2012 and was not confirmed as the matter remained hanging imbalance and on the request of home department vide Dy. Secretary letter dated 04-11-2020, Director General of Police, PHQ J&K furnished vigilance clearance and integrity certificate, in his Favour with a recommendation of regularisation of the applicant as Dy. SP to the home department which is evident from letter dated 22-12-2020 along with Govt order dated 20-07-2012.
CAT after hearing both the sides observed that the undisputed facts of the case are that the applicant was promoted as In-charge Deputy Superintendent, Jammu & Kashmir
Police vide order dated 20.07.2012. While working in the Jammu & Kashmir Police, the applicant had joined the honorary post of Joint Secretary in the Jammu & Kashmir Cricket Association for which he was paid 12,000/- per month on account of conveyance. The applicant retired after attaining the age of superannuation on 31.05.2021. After his retirement, an inquiry was conducted in pursuance of a complaint made by one Desh Rattan Dubey that the applicant had accepted full-time assignment of Joint Secretary, Jammu & Kashmir Cricket Association in different spells between 2003 to 2016. During the inquiry, the allegations levelled against the applicant was found to be correct and subsequently, vide order dated 16.11.2022, it was ordered by the respondents that the amount which the applicant has drawn as remuneration from Jammu & Kashmir Cricket Association shall be deducted from his pension, in terms of Article 168-A of Jammu & Kashmir Civil Services Regulations, 1956.
As per the applicant, he has been punished twice for the same offence in as much as the respondents intend to recover the amount that was paid to him when he was holding the honorary post of Joint Secretary, Jammu & Kashmir Cricket Association, from his pension and on the other hand, the respondents have also not taken any action for confirming his promotion as Deputy Superintendent of Police, for which he was completely eligible.
CAT further said that we do not find any infirmity with the order dated 16.11.2022 whereby the remuneration paid to the applicant from Jammu & Kashmir Cricket Association has been ordered to be deducted from his pension. However, since the applicant has already been punished by ordering recovery from his pension, now the applicant cannot be put to double jeopardy by not considering his case for regularization of his promotion as Deputy Superintendent of Police.
In view of the above discussions and the fact that the applicant has joined and worked in Jammu and Kashmir Cricket Association without having permission of the competent authority and this action of the applicant is contrary to the rules and regulations. Therefore, CAT dismissed this Original Application and uphold the action of the respondents of recovering the remuneration received by the applicant from Jammu and Kashmir Cricket Association, from his pension.
The action of the applicant is irregular but not illegal, therefore it is not appropriate to penalize him twice, therefore, the respondents are directed to consider the case of the applicant for regularization of his promotion as Deputy Superintendent of Police w.e.f. the date he was entitled to be promoted on this post along with his other counterparts, along with a grant of Selection Grade Deputy Superintendent of Police with all consequential benefits.
This action shall be completed within a period of two months from the date of receipt of a copy of this order. JNF |
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