Cat case - reg
Vasudevan
(Querist) 10 September 2016
This query is : Resolved
I am a Central Government servant undergone 10 months suspesion due to arrest and detention in prison exceeding 48 hours. The Criminal case filed was ended in the order of acquittal after a full trial (not on technical grounds). The Hon'ble judge has observed that the prosecution case was highly improbable and not easily believable. The Competent Authority has refused to regularise the suspension period stating that the acquittal order contains the words "prosecution failed to prove beyond reasonale doubts." I have approached the CAT bench for remedy. I have claimed the relief of treatment of suspension period as duty for all purposes including the pay & allowances. Does the wording is enough to claim for my promotion and MACP benefits. Otherwise, can I now file any amendment petition for the relief at present. The OA is still pending at CAT.
Sudhir Kumar, Advocate
(Expert) 10 September 2016
One aspect is regularization of suspension period. You have already challenged the same. So no views can be expressed.
Sudhir Kumar, Advocate
(Expert) 10 September 2016
regarding promotion and MACP
suspension doe snot amount to loss of seniority.
Since you are eligible for promotion so if there is no vacancy to promote you you are eligible for MACP.
Guest
(Expert) 10 September 2016
Mr. Vasudevan,
Your queries normally pertain to hypothetical academic queries.
For example in the following thread you had posed to be a "poor cursed person (labourer)" then you stated yourself to be an AO in some factory struggling for No. of days for labourers under Factories Act, and NOW you are claiming yourself as a Central Government employee, struggling for regularisation of your own suspension period.
http://www.lawyersclubindia.com/experts/No-of-days-in-a-month--595441.asp
Even in the present case, if there is any slightst of truth in your story, what is the opinion of your own lawyer who fought your case against the employer and now you would have hired him again for the present OA, as you said is still pending at CAT.
I am surprised, why you don't prefer to come forward with real facts of the case, if there is any, and also about your own ID!
Raj Kumar Makkad
(Expert) 10 September 2016
No more to add as you have already rightly been advised.
Kumar Doab
(Expert) 11 September 2016
In other thread, we have supported you.
If real facts are posted then it is for your own benefit.
Kumar Doab
(Expert) 11 September 2016
' prosecution case was highly improbable and not easily believable.'
You have already been advised.
Guest
(Expert) 21 September 2016
Continuous silence of the author for the last 10 days clearly indicates that he did not have any such problem, but poted only academic query.
Kumar Doab
(Expert) 21 September 2016
In that case the thread may be deemed as resolved ad closed.
