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2021 DIGILAW 150 (TRI)

Shyamal Chakraborty v. Union of India

2021-09-02

AKIL KURESHI

body2021
JUDGMENT The petitioner’s grievance is that the benefit of 3rd Assured Carrier Progression (ACP), which was due to him in the year 2015, has not been granted on the ground that a departmental charge sheet is pending against him. Learned counsel for the petitioner drew my attention to a communication, dated 22nd June 2021, as at Annexure-F to the petition in which this aspect has been highlighted by the departmental authority. This communication reads as under : “Sir, With reference to the subject cited above, I am directed to return back here with the proposal of 3rd ACP of Sri Shyamal Chakraborty, Pharmacist of Udaipur District Jail along with his service book, as a Departmental proceeding vide case No.92/INQ/ACDJ/JAIL/2020 has been pending against him. So, at present his 3rd ACP may not be initiated till disposal of his D.P. case. This is for your kind information please.” Counsel for the petitioner further pointed out that the departmental charge sheet was issued to the petitioner only on 26th December 2019 whereas his right to receive the benefit of 3rd ACP arose in the year 2015. I am in agreement with the contention of counsel for the petitioner. For an event which took place 4 years after the petitioner’s right for being considered for 3rd ACP arose, cannot be the ground to deny such benefit, if otherwise as per departmental policies he was entitled to receive the same. Learned counsel for the State stated to his instructions that the other employee of the jail staff also have not been granted the said 3rd ACP in view of scale upgradations received by them in the past. This is not what the department has conveyed to the petitioner. What has been communicated at Annexure-F is that the petitioner’s case cannot be considered because he is facing a departmental inquiry. Under the circumstances, the impugned communication dated 22nd June 2021 is quashed. The case of the petitioner for grant of 3rd ACP will be considered from due date on merits ignoring the pending departmental inquiry. After so considering the case of the petitioner, if the department is of the opinion that for some other reason the petitioner is not entitled to the benefit of 3rd ACP, the same shall be communicated to the petitioner along with brief reasons. The exercise shall be completed within a period of 4(four) months from today. After so considering the case of the petitioner, if the department is of the opinion that for some other reason the petitioner is not entitled to the benefit of 3rd ACP, the same shall be communicated to the petitioner along with brief reasons. The exercise shall be completed within a period of 4(four) months from today. Petition is disposed of accordingly. Pending application(s), if any, also stands disposed of.