TMI Blog2014 (11) TMI 997X X X X Extracts X X X X X X X X Extracts X X X X ..... O.A. No. 1354 of 2011 is allowed and the respondents are directed to pay the arrears due to the applicant within a period of six weeks from the date of receipt of a copy of this order. As rightly submitted by the learned Additional Solicitor General, each and every act of arbitrariness cannot be termed to be illegal. There must be a link which indicates that the act of arbitrariness was owing to any criminal intent on the part of the persons accused. Finding no merit in the revision, this criminal revision case stands dismissed. - Crl. R.C. No. 857 of 2012 - - - Dated:- 12-11-2014 - C.T. Selvam, J. Shri S.S. Jothivani, Legal Aid Counsel, for the Petitioner. Shri G. Rajagopalan, Addl. Solicitor General, for the Respondent. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vention of Corruption Act, 1988. Observing that no allegation of the accused having demanded money or having indulged in corruption was made, he found that the accused could not be prosecuted under Prevention of Corruption Act, 1988. As the petitioner based her complaint on the findings of Central Administrative Tribunal in O.A. No. 1068/1997 and dismissal of W.P. No. 8206/1999 preferred there against, it was observed that there was no finding by either body that the accused had given false evidence or used evidence known to be false. Hence 193 and 196 IPC were found not attracted. He also observed that no criminal breach of trust by accused officials were involved. Observing that along with many others, the promotion of the petitioner also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings in time. Accordingly we hold that the inaction on the part of the respondents in not promoting the applicant at the appropriate time and promoting the applicant s junior is discriminatory and against the principles of natural justice. Thus, we hold that the impugned rejection order in F. No. C-18011/09/2011-Ad.II, dated 27-7-2011 is illegal and unlawful. Accordingly we quash and set aside the same. In the result, OA 1353 of 2011 is allowed. The respondents are directed to regularise the services of the applicant in the grade of Assistant Commissioner and take appropriate and speedy steps to promote the applicant to the grade of Deputy Commissioner at par with her junior and further promote her to the grade of Joint Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X
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