IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 PRESENT THE HON'BLE MR. JUSTICE S.N. SATYANARAYANA AND THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 12574/2018 (S-CAT) BETWEEN:
SRI G NIJAGUNA S/O LATE SRI N GURUMURTHY AGED ABOUT 53 YEARS WORKED AS UDC OFFICE OF THE REGIONAL PROVIDENT FUND COMMISSIONER, R/O NO 257, 1ST C MAIN ROAD, WEST OF CHORD ROAD, II STAGE, BANGALORE - 560086 ...PETITIONER (BY SRI.NARAYAN S, ADVOCATE) AND:
1. UNION OF INDIA REPRESENTED BY MINISTRY OF LABOUR SHRAM SHAKTI BHAVAN RAFI MARG, NEW DELHI - 110001 2. THE REGIONAL PROVIDENT FUND COMMISSIONER GRADE - 1 NO 13, RAJARAM MOHAN RAI ROAD, BANGALORE - 560025 3. THE REGIONAL PROVIDENT FUND COMMISSIONER GRADE II BHAVISHYANIDHI BHAVAN, ALAND ROAD, GULBARGA - 585101 4. THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER KAVERI BHAVISHYA NIDHI ENCLAVE HMT MAIN ROAD, BANGALORE - 560013 …RESPONDENTS (BY SRI.THIMMAPPA CHANDRASHEKAR NAIK, ADVOCATE FOR R1;
SRI.SARAVANA.P, ADVOCATE FOR R2 & R3; R4 SERVED & UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER MADE BY HON’BLE CENTRAL ADMINISTRATIVE TRIBUNAL ON 17.03.2017 IN APPLICATION NO.170/00189/2016 DISMISSING THE SAID APPLICATION VIDE ANNX-A AND ALLOW THE RELIEF SOUGHT IN THE SAID APPLICATION BY SETTING ASIDE THE ORDER DTD 28.05.2015 PASSED BY R3 VIDE ANNX-A11 AND ORDER DTD 05.08.2015 PASSED BY R3 VIDE ANNX-A14 AND WITH DIRECTION TO RESPONDENTS TO GRANT TIME BOUND PROMOTION, SPECIAL PAY FROM 20.04.99, PROMOTION TO THE POST OF SUPERVISOR SEPT 2000 AND ALSO REFIX THE SUBSISTENCE ALLOWANCE AND PAY AS PER REVISED PAY SCALE AS PER 6TH PAY COMMISSSION FROM 01.01.2006 TILL 01.05.2014 WITH ALL CONSEQUENTIAL BENEFITS.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, SATYANARAYANA J., MADE THE FOLLOWING:
ORDER The petitioner herein who is presently working as Upper Division Clerk in the office of the third respondent was charge sheeted for certain offences committed by him on 16.09.1989. Admittedly, the enquiry which was conducted pursuant to that has resulted in passing certain orders, which was the subject matter of challenge before the Central Administrative Tribunal (for short ‘CAT’) in O.A.No.140/2008.
2. The said O.A.No.140/2008 was decided by the CAT by its order dated 28.06.2010 and the same was challenged before the Division Bench of this Court in W.P.No.23616/2010, which came to be decided on merits by order dated 22.11.2013 with certain directions. Admittedly, said directions are complied, which is setting aside imposition of penalty of reduction of rank of the petitioner and consequently, reducing the same to the level of imposing penalty of reduction of one increment for one year without cumulative effect.
3. The order of the Division Bench of this Court is given effect to by the authorities as could be seen in the communication No. KN/PF/RO/GLB/Adm/2015-16 dated 28.05.2015. With this, the litigation which arose with reference to the charge sheet issued to the petitioner for his misconduct dated 16.09.1989 has reached finality and nothing further is required to be considered.
4. However, subsequently, the petitioner herein has approached the Tribunal on the ground that after disposal of the writ petition filed by him in W.P.No.23616/2010, the authorities having accepted the findings given by the Division Bench of this Court and having implemented the same, subsequently, have not considered him for his promotion and revised pay scales, for which he is entitled to under the service regulation, which was the subject matter of challenge before the CAT in O.A.No.170/00189/2016.
5. It is seen that, when the said matter came up before the CAT, the CAT while looking into the communication dated 28.05.2015 and the proceedings dated 05.08.2015 of the third respondent, has opined that the same cannot be looked into by the CAT inasmuch as the order passed by the Division Bench of this Court in earlier round of litigation in W.P.No.23616/2010 being complied by the third respondent – Authority, the grievance of the applicant for further promotion cannot be considered by the CAT and the said person should approach this Court by filing a writ petition.
6. However, we are of the considered view that the said finding of the Tribunal is erroneous inasmuch as the earlier round of litigation was confined only with reference to the charge sheet which was issued to the petitioner herein for his misconduct dated 16.09.1989, which has resulted in an order being passed by the competent authority on 28.06.2010 in reduction of his rank which was interfered by the Division Bench of this Court in an earlier round of litigation and the same having reached finality, the subsequent request for promotion will have to be considered by the Tribunal on its merits without referring to the earlier order passed in the aforesaid writ petition.
7. With such observation, this writ petition is disposed of. The impugned order dated 17.03.2017 passed by the CAT in Original Application No.170/00189/2016 is set aside and the matter is remitted back to the Tribunal for fresh consideration.
Sd/- JUDGE Sd/- JUDGE CA