Anil Kumar Mahajan vs Uoi,Secretary,Department Of ...

5. It appears that another application Registration O.A.No.238/1991 was preferred by the appellant before the Central Administrative Tribunal, Patna Bench, wherein on the revocation order of suspension he prayed for a direction to the respondents to give him a post befitting to his status with further prayer to direct the respondents to pay his salary for the period from February, 1990 onwards with interest and cost. The said application was disposed of on 10th October, 1992 with a direction to the respondents to pay the appellant salary for the certain period with interest.

7. Appellant in his reply stated that a number of time he was placed under suspension and proceedings were initiated in that regard, and orders are made directing him to be present before a Medical Board, which not only tortured him but also his family, and also stated that he had developed incurable ulcer, hence he expressed his inability to be present before the inquiry.

8. It appears that one of the charges was that the appellant while posted as Officer on Special Duty, Bihar State Planning Council had directed Treasury Officers, Secretariat Treasury, Patna to reject the bills of one Shri P.K. Mishra, Development Commissioner which was an act beyond his jurisdiction. The second charge was that while submitting one of the Travelling Allowance Bills, the appellant requested the Secretary(Personnel) to countersign the bill. He alleged that his Controlling Officer, i.e., the Development Commissioner cannot countersign the bill as a case is being pursued against him under Mental Health Act, 1987. The third charge was that the appellant accused the Development Commissioner of losing his mental stability. Fourth charge was related to description of duties written by him as per the confidential report (1985-

9. The appellant filed a representation on 25th February, 2000 to the respondents seeking voluntary retirement. He remained under suspension for a long period. When the suspension was not revoked even after several years, the appellant preferred representation before the higher authorities which was rejected by the Ministry of Personnel, Public Grievances& Pension Department of Personnel & Training on 29th April, 2002. The representation of the appellant seeking voluntary retirement was also rejected on the ground that he had not qualified the minimum 20 years of service and thus as per the respondents, he was not eligible for voluntary retirement.

The Tribunal, further, observed that yet another reason to hold the appellant is insane, i.e., his non-appearance before the duly constituted Medical Board, which would necessarily lead to an irresistible presumption that had the appellant appeared before the Medical Board the opinion of the Board would indeed have been that the appellant is insane. Having found no merit, the Tribunal dismissed the original application.

iv) to counteract any situation of the abuse and the exploitation of persons with disabilities;

Having regard to the facts and finding given above, we have no other option but to set aside the order of compulsory retirement of the appellant dated 15th October, 2007 passed by the respondents; the order dated 22nd December, 2008 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A.No.2784/2008 and the impugned order dated 20th April, 2010 passed by the High Court of Delhi in W.P.(C)No.2622/2010 and the case is remitted to the respondents with a direction to treat the appellant continued in the service till the date of his superannuation. The appellant shall be paid full salary minus the subsistence allowance already received for the period from the date of initiation of departmental proceeding on the ground that he was suffering from mental illness till the date of compulsory retirement. The appellant shall also be provided with full salary from the date of compulsory retirement till the date of superannuation in view of the first and second proviso to Section 47 of the Act, 1995. If the appellant has already been superannuated, he will also be entitled to full retiral benefits counting the total period in service. The benefits shall be paid to the appellant within three months, else the respondents will be liable to pay interest at the rate of 6% per annum from the date the amount was due, till the actual payment.

21. The appeal is allowed with the aforesaid observations and directions but there shall be no order as to costs.