Court Orders Recalculation of Salary and Pension, Citing Improper Grounds and Double Jeopardy
In a significant ruling, the Allahabad High Court has quashed the denial of crossing the efficiency bar for a Central Industrial Security Force (CISF) constable, Prabhu Nath Yadav, citing improper grounds and the principle of double jeopardy. The judgment, delivered by Justice Subhash Vidyarthi, mandates the recalculation of Yadav's salary and pension, treating him as having crossed the efficiency bar in the years 1991, 1992, and 1993.
The petitioner, Prabhu Nath Yadav, had challenged the Efficiency Bar Board proceedings published on June 24, 1993, which declared him "NYF" (not yet fit) to cross the efficiency bar for three consecutive years. Yadav argued that the denial was based on unrelated incidents that did not reflect his efficiency in performing official duties. The court agreed, stating that the efficiency bar is meant to assess an employee's efficiency in official duties, and unrelated incidents cannot be valid grounds for such denial.
Yadav's service record reflected two minor punishments in the years 1988 and 1989, which the Efficiency Bar Board used as grounds to deny his crossing of the efficiency bar. The court found that these incidents did not adversely affect Yadav's efficiency in his official duties. Moreover, the court highlighted that Yadav had already been punished for these incidents, and denying him the efficiency bar constituted double jeopardy, as no person can be punished more than once for the same misconduct.
The court also addressed the issue of the cumulative effect on Yadav's salary and pension due to the denial of crossing the efficiency bar. Justice Vidyarthi ordered the respondents, including the Union of India, to recalculate Yadav's salary and pension, treating him as having crossed the efficiency bar in the relevant years. The court directed that the arrears be paid within four months from the date of the order.
This judgment underscores the importance of assessing employee efficiency based on relevant criteria and respecting the legal principle of double jeopardy. The court's decision provides a significant relief to Yadav, ensuring that his salary and pension reflect his due entitlement, free from any improper grounds or repeated punishment for the same misconduct.
Bottom Line:
Denial of crossing efficiency bar cannot be based on reasons unrelated to efficiency in performing official duties. Repeated punishment for the same misconduct is not permissible under law.
Statutory provision(s): Article 226 of the Constitution of India, Principle of Double Jeopardy
Prabhu Nath Yadav v. Union of India, (Allahabad)(Lucknow) : Law Finder Doc Id # 2822837
