Excelsior Correspondent
JAMMU, June 28: A Bench of the Central Administrative Tribunal (CAT) today directed the Union Territory (UT) administration to regularize the promotion of a police officer as Deputy Superintendent of Police (DySP).
As per the tribunal’s order, the regularization of Sudershan Mehta’s promotion as DySP is to be effective from the date the officer was originally entitled to this promotion, along with his peers, including the grant of Selection Grade DySP with all consequential benefits.
The tribunal stipulated that this process must be completed within two months of receiving the order.
Sudershan Mehta joined the J&K Police as a Sub-Inspector on November 12, 1990. He received an in-situ promotion after nine years and was promoted to Inspector on March 31, 2000.
Mehta received a second in-situ promotion to Inspector on April 1, 2009, and was promoted as In-charge DySP on July 20, 2012, without confirmation due to administrative delays.
After his retirement on May 31, 2021, an inquiry confirmed allegations that Mehta had accepted a full-time assignment as Joint Secretary of the Jammu & Kashmir Cricket Association (JKCA) from 2003 to 2016.
Consequently, the remuneration he received from JKCA was ordered to be deducted from his pension under Article 168-A of the Jammu & Kashmir Civil Services Regulations, 1956.
Mehta argued that he was being penalized twice: through the recovery from his pension and the failure to confirm his promotion.
CAT found the recovery order justified but ruled that Mehta’s case for promotion regularization should not be affected.
The tribunal observed that while Mehta’s actions were irregular, they were not illegal and thus, he should not face double jeopardy.
Accordingly, the CAT dismissed Mehta’s original application but upheld the respondents’ decision to recover the JKCA remuneration from his pension.
The tribunal directed that Mehta’s promotion to DySP be regularized from the date he was entitled, ensuring he receives all associated benefits.
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