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CAT gives relief to archaeologist

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CAT gives relief to archaeologist

The Central Administrative Tribunal (CAT) has given relief to a suspended superintending archaeologist who was accused of taking bribe by setting aside extension of his suspension order beyond 90 days. The Tribunal said the Ministry of Culture extending suspension order of Phanikant Mishra, superintending archaeologist of Patna, was illegal as it was done beyond the mandatory period of 90 days.

The CAT, however, said the government can again keep the officer under suspension if required after assessing the facts of the case. "The facts of this case are such that if the government may, on assessment of the facts, come to the conclusion that the applicant needs to remain under suspension, in our considered view, it would be at liberty to do so," the Tribunal, headed by Chairman V K Bali, said.

The Tribunal also directed that the officer would be entitled to his pay and other emoluments after his suspension period is over. "The order dated April 27, 2010 reviewing suspension of the applicant shall have to be set aside.

Resultantly, he would be entitled to his pay and other emoluments from expiry of 90 days from the date of his suspension, that is, December 12, 2008," the CAT, also comprising Member Shailendra Pandey, said. The Tribunal passed the order on a petition of Mishra seeking to set aside his suspension order on the ground that it was illegal as its review could not be done within a period of 90 days.

The Ministry of Culture had defended its decision to keep the officer under suspension by contending that it would not be desirable for a person, who is facing criminal charges, to be in active service. Mishra, meanwhile, said that the order of suspension would not be valid after a period of 90 days unless it was extended after review for a further period of 90 days.

The CBI had allegedly caught Mishra accepting a bribe of Rs 90,000.

Mode of filling up of non-gazetted posts-Scheme for filling up of regular vacancies arisen on or after 01.09.2009

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RB/Estt. No. 81/2010


No.E(NG)I/2008/PM1/15 Vol.II

New Delhi, dated 07-06-2010

The General Managers(P)
All Indian Railways and Production Units.
(As per Mailing lists)

Sub :     Implementation of recommendations of 6th CPC-Merger of Grades-Revised classification and mode of filling up of non-gazetted posts-Scheme for filling up of regular vacancies arisen on or after 01.09.2009.

    Reference this Ministry's letter of even number dated 03.09.2009 wherein it was indicated that scheme for filling up of vacancies arisen on or after 01.09.2009 will be issued in due course. It has been decided that following methodology may be adopted for filling up of promotional vacancies as may arise till 31.12.2011:-

2.     As indicated in the letter of even no. dated 03.09.2009, the bench mark for promotion to the posts carrying the Grade Pay Rs.4200 on seniority-cum=suitability basis was prescribed as 6 marks while for posts with Grade Pay Rs.4600 & above, the benchmark was 7 marks. This was permitted as a one time relaxation in order to fill up the vacancies arisen upto 31.08.2009, after merger of grades due to implementation of 6th CPC recommendations.

2.1     Now it has been decided that the above mentioned benchmarks for filling up the vacancies arising upto 31.12.2011 will be 6 and 8 marks out of 15 for posts in Grade Pay Rs.4200 and Rs.4600 & above respectively wherever promotion is to be done on the basis of 'Seniority-cum-suitability'.

2.2     All other conditions as indicated in letter dt.03.09.2009 shall remain unchanged.

          Please acknowledge receipt.

          Hindi version will follow


Jt. Director Estt.(N)
Railway Board.

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