JAMMU, Dec 11:Central Adminstrative Tribunal Srinagar in a petitition filed by one Mohammad Aslam Wani directed respondents to pass orders accordingly for granting the retiral benefits to the petitioner and also consider the extension of promotional benefits in the IAS Cadre.
CAT observed that the petitioner initially joined in Gazetted Service of Tourism Department & thereafter, was inducted in KAS Cadre w.e.f. 1973.
But, a criminal case was registered against the petitioner under FIR No. 28/1995 under Section 5(2) of Prevention of Corruption Act read with Sections 12 and 14 of J&K Public Men and Public Servants Declaration of assets and other provisions act, 1983. During the pendency of the criminal case before the Competent Court of Criminal Jurisdiction, the petitioner was reinstated in service on 09.02.2001 & the Special Judge, Anti-Corruption Srinagar vide final judgment and order dated 30.06.2009 acquitted the petitioner from all the charges.
But, aggrieved by the judgment and acquittal order passed by the Trial Court, the respondent State filed a Criminal Appeal No. 01 of 2010 before the Hon'ble High Court of Jammu & Kashmir at Srinagar but the Hon'ble High Court vide its order dated 01.05.2024 rejected the criminal appeal of the State and affirmed the judgment and order of acquittal passed by the Trial Court on 30.06.2009 as the petitioner has already superannuated from service on 30.06.2010.
CAT after hearing both the sides observed that it is a matter of record that the Trial Court has acquitted the petitioner on 30.06.2009. The criminal appeal filed by the State Government before the Hon'ble High Court has also been dismissed by the Court on 01.05.2024. The petitioner has already superannuated from service on 30.06.2010. No appeal has been filed by the respondents before the Apex Court against the order of acquittal.
CAT added that in view of this, the petitioner is entitled for all the consequential benefits, specially all the retiral benefits and promotional benefits which he would have otherwise acquired during his service period.
CAT directed the respondents are directed to pass orders accordingly for granting the retiral benefits to the petitioner and also consider the extension of promotional benefits in the IAS Cadre in terms of notice dated 20.11.2007.
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