The bench upheld the February 2016 order of the CAT.
Dismissing the Centre’s appeals challenging an order of the Central Administrative Tribunal (CAT), the Delhi High Court on Thursday directed to give promotion to Indian Revenue Service (IRS) officer Ashok Kumar Aggarwal. The Supreme Court had earlier reinstated Aggarwal while terming the continuation of his suspension contemptuous.
A bench of Justices Siddharth Mridul and Deepa Sharma said the facts and circumstances of the case clearly showed bias on part of authorities. The bench upheld the February 2016 order of the CAT, which had quashed two memorandum of charges against Aggarwal and issued directions to the Centre to give all such promotions to him as had been given to his juniors.
The CAT had also said the officer should be given all the consequential benefits. Aggarwal was appointed as Income Tax Officer Group ‘A’ in December 1985 and was working as a Joint Commissioner.
He was the Deputy Director of the Enforcement Directorate (Delhi zone) during 1997-1998 when he dealt with the investigation of FERA violations of highly-influential persons. He was suspended on December 28, 1999 after the CBI lodged two cases against him for allegedly framing a businessman for alleged FERA violations.
In January 2016, the High Court had quashed the prosecution in the two cases, terming it a case of malafide and “intentional mischief” on part of the CBI to falsely implicate Aggarwal so that the accused go scot free.
The CAT had first set aside his suspension order in 2003. The Centre had earlier challenged the 2003 order before the Supreme Court which had in December 2013, ordered Aggarwal’s reinstatement and withdrawal of all disciplinary action against him.