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.
PME Due Date
Master Circular No. 25
Copy of Railway Board’s letter No. 69/H/3/11 dated 06.12.1974
Subject: Implementation of the Recommendations of the Visual Sub-Committee.
6. Periodical re-examination of serving Railway Employees:
6.l. In order to ensure the continued ability of Railway employees in Classes A l, A 2, A 3, B l and B 2 to discharge their duties with safety, they will be required to appear for re-examination at the following stated intervals throughout their service as indicated below:
6.1.1. Classes A l, A 2 and A 3 —At the termination of every period of three years, calculated from the date of appointment until they attain the age of 45 years, and thereafter annually until the conclusion of their service.
Note: (l) The staff in categories A l, A 2 and A 3 should be sent for special medical examination in the interest of safety under the following circumstances unless they have been under the treatment of a Railway Medical Officer.
(a) Having undergone any treatment or operation for eye trouble irrespective of the duration of sickness.
(b) Absence from duty for a period in excess of 90 days.
(2) If any employee in medical category A has been periodically medically examined at any time within one year prior to his attaining the age of 45, his next medical examination should be held one year from the due date of the last medical examination and subsequent medical examination annually thereafter.
If, however, such an employee has been medically examined, at any time earlier, than one year prior to his attaining the age of 45, his next medical examination should be held on the date he attains the age of 45 and subsequent medical examination annually thereafter.
Ammendment: It was ammended in 1993 as below
Age Group PME Due
Age 00-45 every 4yrs
Age 45-55 every 2yrs
Age 55-60 every year
Details:-
As per Rly Bd's Guideline of Medical Exam issued vide LNo. 88/H/5/12 dated 24-01-1993
a) PME would be done at the termination of every period of 4 years from date of appointment / Initial medical Exam till the date of attainment of age of 45 years, every 2 years upto 55 years & there after annual till retirement.
b) Employees who has been periodically examined at any time within 2years prior to his attaining the age of 45years would be examined after 2years from the date of last PME & subsequent PME for every 2years upto 55years age.Of
NRMU 4 you
SMLokhande
6.1.2. Classes B-1 and B-2—On attaining the age of 45 years, and thereafter at the termination of every period of five years.
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