SC orders back wages, pension revision for ex-CRPF officer, denies IG promotion
The Supreme Court awarded back wages, revised pension benefits and Rs 10 lakh in litigation costs to a retired CRPF officer, holding that prolonged administrative lapses damaged his career. However, it declined to grant him promotion to the rank of inspector general
New Delhi: The Supreme Court on Tuesday granted back wages, revised pensionary benefits and Rs 10 lakh as litigation costs to a retired CRPF officer, saying his career was damaged due to the authorities’ failure to properly implement court orders in a disciplinary case that went on for more than 25 years.
A bench of Justices J B Pardiwala and K Vinod Chandran, however, refused to direct the promotion of Prakash Kumar Dixit to the rank of inspector general (IG), saying he did not fulfil the eligibility conditions for the post.
The court criticised the authorities for their “callous indifference” and “brazen pen-pushing”, saying a promising career in the Central Reserve Police Force (CRPF) was unnecessarily cut short.
“The rigour of punishment would be over on July 10, 1998, and since the appellant was out of service, it does not visit any consequence on him since only notional benefits are given during the said period … and leaves the pension unaffected,” the bench said.
Dixit joined the CRPF as an assistant commandant in 1986 and was removed from service in 1995 after a departmental inquiry found him guilty of handing over charge without approval and remaining absent without sanctioned leave for 420 days. The Delhi High Court later set aside the removal and held that only a minor penalty should be imposed. The Supreme Court upheld that decision in 2020.
The dispute before the apex court was whether the minor penalty should be counted from 2018, when the second removal order was passed, or from the original removal in 1995. The bench held that the penalty would relate back to July 10, 1995, and its effect would end in 1998. Therefore, it could not be used to deny the officer his due promotion.
The court directed the authorities to grant him promotion as deputy commandant from the day his batchmates were promoted, with all consequential benefits and back wages. “The appellant shall be paid the entire back wages from the date of entitlement to promotion as a deputy commandant, as per the review DPC held on March 14, 2023,” it said.
The bench said the appellant’s pay, increments, pension and other retirement benefits should also be revised accordingly. It also ordered the Centre to pay Dixit Rs 10 lakh towards the cost of the prolonged litigation within two months, failing which the amount would carry 7 per cent interest. The authorities have been directed to complete the entire exercise, including payment of arrears and issuance of a speaking order, within six months.
