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Smt. Saroj Dagar vs Govt. Of Nct Of Delhi on 18 May, 2012 cites

Mr. Uma Kant Roy, Training And Placement ... vs The Government Of Nct Delhi (Through The ... on 14 March, 2007

The aforesaid order was passed after considering another similar case decided by this Tribunal in OA 1604/2009  R.P. Singh Vs. GNCT of Delhi & Ors., judgments of the Apex Court in Dwarka Prashad and Ors. Vs. Union of India & Ors. (2004 (1) ATJ (SC) 591) and Union of India Vs. K.V. Janakiraman (1991 (4) SCC 109). The relevant part of the said order reads as under:
Central Administrative Tribunal - Delhi Cites 0 - Cited by 27 - Full Document

Union Of India Etc. Etc vs K.V. Jankiraman Etc. Etc on 27 August, 1991

Even as on date, no charge sheet has been filed against the applicant in any criminal case. The criminal court in the matter involving the Applicant has only fixed the case for arguments on charge on 23.04.2012. In other words, it will only on 23.04.2012 or on any subsequent dates, the criminal court would decide whether any criminal charge has to be framed against the applicant or not. As held by the Apex Court in the matter of K.V. Jankiraman (supra), a criminal case would be considered to be pending against a Government servant only after the charges have been framed against him by the Court and a disciplinary proceeding would be considered pending only after the charge sheet has been issued to him. Therefore, in our considered view, the Administrative Department of the respondents have mislead the DPC in the case of the Applicant and made them believe that charge sheet has already been issued to him before the date of the DPC. Therefore, the denial of promotion to the applicant to the post of Grade-III DASS/UDC in the order dated 07.07.2008 along with his juniors and seniors, is absolutely illegal. Consequently, we allow this OA and quash and set aside the impugned order No.178 dated 07.07.2008 qua the applicant. We, therefore, direct the respondents to grant promotion to the applicant to the post of Grade-III (DASS)/UDC w.e.f. 07.07.2008 i.e. from the date his juniors have been promoted, with all consequential benefits except back wages. The respondents shall pass necessary orders in this regard immediately but in any case within a period of one month from the date of receipt of a copy of this order. There shall be no orders as to costs.
Supreme Court of India Cites 3 - Cited by 1332 - P B Sawant - Full Document

Rohit Kumar S/O Sh. Kuldip Singh Saini vs The State (Govt. Of Nct Of Delhi) on 7 December, 2007

3. The learned counsel for the applicant has also relied upon an order of this Tribunal in OA 3563/2011  Rohit Kumar Vs. Govt. of NCT of Delhi & Anr. by which the said O.A was allowed with a direction to the respondents to grant promotion to the applicant therein to the next higher post from the date his juniors have been promoted except back wages.
Delhi High Court Cites 6 - Cited by 1 - V B Gupta - Full Document
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