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Judgment
In the present Original Application, filed under Section 19 of the AT Act, 1985, the applicant has prayed for the following relief(s):-
“(a)Quash and set aside the impugned order dated 29.09.2023, being illegal, arbitrary, and unsustainable in law;
(b)Issue appropriate directions to the Respondents to grant Vigilance Clearance and issue the Presidential Order for absorption in Bharat Sanchar Nigam Limited (BSNL) with effect from 01.10.2000, along with all consequential benefits;
(c)Further direct the Respondents to grant all promotions post based as well as Financial upgradations under EPP Policy of BSNL to the applicant, accrued from 01.10.2000 to till date, from the respective due dates / dates on which his immediate junior was promoted, together with all consequential and monetary benefits, including arrears of pay & allowances, seniority, and fixation with interest;
(d)Pass such other or further order(s) or direction(s) as this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case, in the interest of justice; and
(e)Award the costs of the present Original Application in favour of the Applicant and against the Respondents.”
The claim of the applicant has been disputed and denied by the respondents. They have filed counter reply. Rejoinder has also been filed by the applicant.
We have heard learned counsels for the parties.
Undisputed facts are that the applicant has challenged the impugned order dated 29.09.2023, vide which, the applicant has been denied absorption in BSNL for want of vigilance clearance. The vigilance clearance has been denied in view of the fact that after acquittal of the applicant by the CBI Court, Jaipur long back vide order dated 14.07.2022 in FIR No. RC JAI 2002(A) 0015, the competent authority has recommended to initiate the major penalty proceedings against him. It is also not in dispute that, subsequently, a departmental proceeding was initiated against the applicant vide charge memo dated 10.09.2024. It is undisputed that the memorandum dated 10.09.2024, initiating a departmental proceeding against the applicant has since been quashed vide order/judgment dated 10.07.2026 by this Tribunal in O.A. No. 670/2025, with direction to the respondents to treat the disciplinary proceedings as non-est in the eyes of law and to consider the case of the applicant for all consequential service benefits, including vigilance clearance and other service-related claims. Para 21 of the said order judgment reads as under:-
“21.In the result, for the foregoing reasons, we find merit in the claim of the applicant and thus we allowed the instant OA in the following terms:-
(i)The Charge Memorandum No. 8-10/2024-Vig.II dated 10.09.2024 issued under Rule 14 of the CCS (CCA) Rules, 1965 and all consequential proceedings arising therefrom, including the appointment of the Inquiry Officer and Presenting Officer, are heareby quashed and set aside;
(ii)Consequently, the respondents are directed to treat the disciplinary proceedings as non-est in the eyes of law and to consider the case of the applicant for all consequential service benefits, including vigilance clearance and other service-related claims, strictly in accordance with the applicable rules and instructions and uninfluenced by the impugned charge Memorandum;
(iii)Such exercise shall be completed by the competent authority under the respondents within a period of 06 (six) weeks from the date of receipt of a certified copy of this Order; and
(iv)The applicant shall be paid all retiral dues with interest at the rate applicable to GPF;”
In the light of the aforesaid, the present OA deserves to be allowed and the same is allowed with the following directions:-
Impugned order dated 29.09.2023 is quashed and set aside.
The respondents are directed to issue necessary order for grant of Vigilance Clearance and issue the Presidential Order for absorption in Bharat Sanchar Nigam Limited (BSNL).
The respondents are further directed to consider the applicant for grant of all promotions post based as well as Financial upgradations under EPP Policy of BSNL with all consequential and monetary benefits, including arrears of pay & allowances, seniority, and fixation with interest in accordance with the relevant rules and instructions on the subject.
The above directions shall be complied with by the respondents as expeditiously as possible and preferably within eight weeks from the date of receipt of a certified copy of this order.
The OA stands disposed of in the aforesaid terms. No costs.