New Delhi: The Central Administrative
Tribunal (CAT) has come to the rescue of a retired MCD officer
whose promotion was withdrawn by the civic agency on charges
of corruption.
The Tribunal quashed the 2002 order of the MCD which not
only withdrew the promotion granted to the petitioner but also
restricted his selection grade for the period between 1984 and
1985.
"It is well settled by now that any order which has civil
consequences, cannot be sustained in law unless principles of
natural justice have been complied with," the CAT bench,
comprising members R C Panda and M Chhibber, said.
The Tribunal passed the order on a petition of retired
officer M S Dhingra seeking to set aside the order of MCD
which withdrew promotion, restricted selection grade and
ordered recovery of amount paid after 1985.
It noted that earlier the same Tribunal in 2009 quashed
the penalty order against Dhingra with a direction to MCD to
restore his pay and to revise his pension with arrears.
It means there was no punishment against the petitioner
who retired in 2005, the Tribunal said.
"The reason for withdrawing the promotion of the
petitioner itself does not exist as on date," it said.
It also directed the MCD to continue the selection grade
in the case of the petitioner. The restriction of selection
grade or the recovery could not be sustained in law, it said.
Dhingra, promoted as a survey officer in 1996, approached
the High Court aggrieved by the MCD order and it transferred
his case to the Tribunal.
PTI
First Published: Wednesday, March 10, 2010, 18:44