Central Administrative Tribunal - Kolkata
Shyamalendu Bhowmik vs National Institute Of Homeopathy on 19 November, 2025
1 O.A. 350/00165/2021 with M.A. 350/00395/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
No. O.A. 350/00165/2021 Heard on: 29.10.2025
M.A. 350/00395/2021 Date of order: 19.11.2025
Present : Hon'ble Ms. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Suchitto Kumar Das, Administrative Member
Shyamalendu Bhowmik, Son of late C. S. Bhowmik, aged
about 61 years, retired as Office Superintendent from the
National Institute of Homeopathy, under the overall control of
Director, National Institute of Homeopathy, Kolkata, at
present residing at 51A/42, Bama Charan Roy Road, Behala,
Kolkata 700034.
..... Applicant
- VERSUS-
1. Union of India through the Secretary,
Ministry of Ayush, Govt. of India,
AYUSH Bhawan, B-Block, GPO Complex, INA,
New Delhi, PIN-110023.
2. President, Governing Body,
National Institute of Homoeopathy &
Union Minister of State for Ayush (Independent Charge),
Ministry of Ayush, Ayush Bhawan,
B-Block, GPO Complex, INA New Delhi,
Pin-110023.
3. The Director,
National Institute of Homoeopathy,
Block-GE, Sector- III, Salt Lake,
Kolkata 700106.
.... Respondents
For the Applicant : Mr. C. Sinha, Counsel
For the Respondents : Mr. S. Paul, Counsel
Digitally signed by Shantanu Pramanik
Shantanu
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65=
133598026844054409pZp0Sk77DU2VN1, Phone=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888,
PostalCode=712223, S=West Bengal, SERIALNUMBER=
1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN=
Shantanu Pramanik
Pramanik Reason: I am the author of this document
Location:
Date: 2025.11.19 12:02:16-08'00'
Foxit PDF Reader Version: 2024.3.0
2 O.A. 350/00165/2021 with M.A. 350/00395/2021
ORDER
Per Ms. Urmita Dutta (Sen), Judicial Member:
The instant Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 praying for the following reliefs:-
"a) To set aside and quash impugned Charge memorandum being F.no. 8-
140/NIH/Disciplinary/SB/2019/1513 dated 30.12.2019 issued by the Director NIH, for and on behalf of President (GB), NIH & Inquiry Proceedings.
b) To direct the respondents to release the DCRG, Leave Salary due to the applicant forthwith.
c) Any other order or order(s) as the Hon'ble Tribunal deems fit and proper."
2. The applicant was appointed as Lower Division Clerk on 19.01.1983 through the Staff Selection Commission in the Regional Office for Health and Family Welfare, Govt. of India, Kolkata vide Office Order dated 22.02.1983. While the applicant was working in the said post, he qualified in the selection procedure against an Open Market advertisement for direct recruitment to the post of Junior Accountant in the National Institute of Homoeopathy at Kolkata and joined the said post on 29.04.1987 vide Office Order No. 49/87 dated 04.05.1987 submitting his resignation at Regional Office for Health and Family Welfare. Subsequently he was promoted to the post of Accountant vide Office Order dated 11.10.2002 and thereafter was further promoted to the post of Office Superintendent vide Office Order dated 01.06.2007.
Thereafter, on 29.05.2017, the applicant was placed under Suspension vide Office Order dated 12.06.2017 followed by issuance of Charge Memorandum dated 12.06.2017 for alleged misconduct. Later on his Suspension was revoked in terms of Order dated 29.06.2017 with a stipulation that the period spent under Suspension shall be treated as official duty for all purpose including pension etc. and the applicant Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN= Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.11.19 12:02:16-08'00' Foxit PDF Reader Version: 2024.3.0 3 O.A. 350/00165/2021 with M.A. 350/00395/2021 resumed his duty on 30.06.2017. The Charge Memorandum dated 12.06.2017 was subsequently cancelled and withdrawn vide Order dated 30.11.2018, which however did not contain any reasons. Subsequently, a fresh Charge Memorandum on identical set of charges was issued on 30.10.2019, a day before his retirement citing an incident which occurred about 37 years ago while he was in service in an another department. He retired on attaining the age of superannuation on 31.12.2019. After receipt of the Charge Memorandum, the applicant denied and disputed the charges levelled against him vide letter dated 09.01.2020. The applicant submits that vide Office Order dated 12.05.2020 an Inquiry & Presenting Officer was appointed to conduct an inquiry into the matter. A bare perusal of the Order reveals that their appointment has been approved by the Hon'ble Ministry of State (I/C) -
AYUSH in his capacity as President of the Governing Body, NIH. The Director, NIH, Kolkata has issued Charge Memorandum dated 30.12.2019 in the capacity of the Disciplinary Authority without being delegated power from the competent authority though he had himself lodged complaint before the Superintendent of Police, CBI, SEB, Kolkata about the charges framed under the previous Charge Memorandum dated 12.06.2017 which has already been withdrawn. Pursuant to the complaint dated 12.06.2017, CBI had submitted their report in final form as Charge Sheet (No. 03/2018 dated 30.03.2018) U/S 173 of Cr. PC after investigating the case, which is still pending before the Ld. Court of the Judicial Magistrate, Alipore, Kolkata. According to the applicant, the charges levelled in the Memorandum of Charge Sheet issued by NIH are same and identical to that of the Charge Memorandum issued by the CBI as also the list of witnesses and documents are also similar. According to the applicant, the report submitted by the CBI states that: Digitally signed by Shantanu Pramanik
Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN= Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.11.19 12:02:16-08'00' Foxit PDF Reader Version: 2024.3.0 4 O.A. 350/00165/2021 with M.A. 350/00395/2021
(i) Offence under Prevention of Corruption Act, 1988 could not be made out;
(ii) Criminal conspiracy and offence U/s. 465 of IPC, Section 13(1)(d) of PC Act, 1988 and Section 17 of the Citizenship Act, 1955 could not be established; and
(iii) Certificate of Registration No. 116/83 dated 23.03.1983 (Citizenship Certificate) in r/o the Applicant (Sri Shyamalendu Bhowmik) with the entry at Serial No. 116 dated 23.03.1983 in the C.R. Regiter (Citizenship Registration Certificate) of the Office of the District Magistrate, District 24- Parganas (S), Kolkata found tallied in all respect. Aggrieved by such appointment of IO, the applicant submitted a representation dated 08.09.2020, which has been turned down vide letter dated 04.12.2020 pursuant to which the applicant submitted another representation dated 01.11.2020, which has also been considered and disposed of. Thereafter, vide letter dated 07.12.2020, it has been decided to hold preliminary enquiry on 21.12.2020.
The applicant submitted a further representation dated 12.01.2021 being aggrieved with the inaction on the part of the respondent authorities in issuing the second Charge Memorandum dated 30.12.2019 on similar facts by withdrawing the first Charge Memorandum without disclosing any reasons, which has also been considered and disposed of.
Accordingly, the present O.A. has been filed.
3. The respondents have filed their reply wherein they have submitted that the applicant initially joined National Malaria Eradication Program (NMEP) as LDC in the office of Regional Office H & FW, Govt. of India on 19.01.1983 on temporary basis with a condition that he will be on probation for the initial two years vide Office Order dated 22.02.1983 Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN= Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.11.19 12:02:16-08'00' Foxit PDF Reader Version: 2024.3.0 5 O.A. 350/00165/2021 with M.A. 350/00395/2021 issued by the Regional Office for Health & Family Welfare. While accepting his offer of appointment, he declared himself as an Indian Citizen whereas his Citizenship Registration certificate was issued on 23.03.1983, which was after he had declared himself to be an Indian Citizen. Subsequently, he applied for appointment in the post of Junior Accountant under National Institute of Homoeopathy and was selected for the said post whereby he requested the authorities to relieve him by allowing him to retain his lien against the post of LDC under NMEP for the period. On 28.04.1987 the Regional Office for Health and Family Welfare relieved the applicant to join National Institute of Homeopathy and he joined the office on 29.04.1987 as Junior Accountant retaining his lien against his previous post. He had also applied to his parent employer on 14.04.1989 to allow him to be retained on lien for a further period of one year upon expiry of service at NIH on lien for two years approved by the parent employer, which was also extended for another one year upto 28.04.1990. Thereafter, on completion of two years of lien and extended period, he exercised his option to be absorbed in NIH or to revert back to his parent Organisation i.e. the Directorate National Malaria Eradication Programme, New Delhi and was permanently absorbed as Junior Accountant under Director, National Institute of Homoeopathy severing his lien with Regional Health and Family Welfare, Calcutta w.e.f. 29.04.1987. Upon being permanently absorbed as Junior Accountant, the Director, National Institute of Homeopathy issued a letter on 20.11.1990 addressed to the Regional Director (HFW), Regional Office for Health & Family Welfare for forwarding the Service Book of the applicant to their office. In reply to the said letter, the Regional Director, HFW forwarded the Service Book and Leave Account of the applicant duly completed upto 28.04.1987 along with a forwarding letter dated Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN= Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.11.19 12:02:16-08'00' Foxit PDF Reader Version: 2024.3.0 6 O.A. 350/00165/2021 with M.A. 350/00395/2021 09.01.1991 addressed to the Director, National Institute of Homeopathy.
The applicant thereafter prayed before the authorities that the entire GPF balance credited at his account during his service from 19.01.1983 to 28.04.1987 in the office of the Regional Director, HFW, Regional Office for Health and Family Welfare has been transferred to this office and credited at his GPF Account and he may kindly be granted the employer contribution for the pensionable service period. The applicant also relied upon O.M. issued by the Ministry of Finance, Govt. of India dated 10.11.1960 granting prorata pension to those Central Government servants who had proceeded on deputation with some Public Sector Undertaking and has subsequently been absorbed there. Later on the applicant was promoted to the post of Accountant on 11.10.2002 and thereafter as Office Superintendent on 01.06.2007. In the meanwhile, the National Institute of Homeopathy received a complaint regarding his nationality and for that purpose the office issued a letter to the Under Secretary to the Govt. of India, Dept. of Ayush, New Delhi for necessary action.
Further, it came to the knowledge of the employer that one of the certificates submitted by the applicant to his erstwhile employer reveals that the applicant passed B.Sc. during the year 1981 for University of Chittagong, Bangladesh and he joined as LDC in ROH & FW, Kolkata through Staff Selection Commission on 19.01.1983 whereas he himself has submitted one document as Certificate of Registration vide Annexure A-4 to the O.A. which reveals that he obtained that certificate on 23.03.1983 and not in the year 1981 when he had applied through Staff Selection Commission. Annexure A-4 to the O.A. reveals that his place of birth is Chaumuhani, P.S. - Bagumgunj, District - Noakhali of Bangladesh but according to his declaration his place of birth is Behala, Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN= Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.11.19 12:02:16-08'00' Foxit PDF Reader Version: 2024.3.0 7 O.A. 350/00165/2021 with M.A. 350/00395/2021 Calcutta - 34. As per CBI Report at page 55 paragraph No. 9.2.7 states that the applicant had applied for Clerk's Grade Examination during the year 1981 conducted by Staff Selection Commission bearing Roll No. 3036752 filled and signed by him on 20.03.1981 and in that year he passed B.Sc. from University of Chittagong, Bangladesh and his certificate clearly establishes that he became Indian Citizen during the year 1983 which indicates that he had applied for service giving an incorrect declaration. In response to the letter dated 25.06.2007, the Regional Office of Health and Family Welfare issued a letter dated 27.07.2007 addressed to the Director, National Institute of Homeopathy stating some information mentioning the date of passing B.Sc. in 1981 from University of Chittagong of Bangladesh and police verification was not made prior to appointment but during service which is very uncommon in recruitment procedure. Thereafter, the National Institute of Homeopathy issued a letter dated 16.10.2015 seeking the proof of nationality as submitted before his Parent Organisation i.e. Regional Office for Health and Family Welfare, who vide letter dated 26.11.2015 (Annexure R/14) had informed that no such proof was required more than 32 years ago.
However, one Memorandum of Charges was issued against him on 12.06.2017 and he was placed under suspension on 29.05.2017 and thereafter said order of suspension was revoked on 29.06.2017 and accordingly he reported for joining. The Charge Sheet dated 12.06.2017 was cancelled and withdrawn on 30.11.2018 (Annexure A/6) w.e.f. the date of issue, i.e., 12.06.2017 without prejudice to the circumstances of the case.
On 12.06.2017, the National Institute of Homeopathy requested the Superintendent of Police, Central Bureau of Investigation for Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN= Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.11.19 12:02:16-08'00' Foxit PDF Reader Version: 2024.3.0 8 O.A. 350/00165/2021 with M.A. 350/00395/2021 investigating into the allegation against the applicant and the CBI submitted charge sheet under the offence under Section 177, 181, 420 of IPC on 30.03.2018. According to the report of CBI, it was suggested that departmental action be initiated against the applicant for obtaining earlier employment when he was ineligible/unqualified for appointment on the basis of the relevant decision of Govt. of India wherein under Rule 11 of the CCS (CCA) Rules, 1965 envisages imposition of penalty on Government servant for any misconducted committed prior to obtaining employment and thereby rendering him unsuitable for continuing in service. According to the respondents, since during pendency of the CBI enquiry there was a bar and restriction for departmental action and the department action which was initiated by way of a charge sheet dated 12.06.2017 was withdrawn and a subsequent charge sheet dated 30.12.2019 was issued granting the applicant to submit a reply against the same within 10 days for the date of issue. The moot issue of contention is that the applicant had furnished false information of being an Indian National, 2 months 04 days prior to issue of the Citizenship Registration and had mentioned various addresses as his place of birth.
Thus the declaration regarding his place of birth seems to be false. Again, the information provided in Column No. 3(b) against the point 'If originally a resident of East Pakistan/Bangladesh, the address in that country and the date of migration to Indian Union' where Shri Bhowmik has written - Nil. The respondents have also alleged that since the previous service of the applicant is directly related to his present service having been absorbed on deputation, hence the applicant has acquired the service by suppressing the fact that he is a Bangladeshi Citizen and also availed age relaxation while applying for the said post at NIH by virtue of his past service as LDC at NMEP. Hence, in terms of provisions Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN= Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.11.19 12:02:16-08'00' Foxit PDF Reader Version: 2024.3.0 9 O.A. 350/00165/2021 with M.A. 350/00395/2021 contained under Rule 11 of CCS (CCA) Rules, 1965 disciplinary proceeding has been initiated against the applicant.
In support of their contention the respondents have cited a Supreme Court judgment in the case of District Collector, Viziangram v. M. Tripura Sundari Devi (1990) 4 SLR 237 wherein it is made very clear that wherever it is found that a government servant, who was not qualified or eligible in terms of the recruitment rules etc. for initial appointment in service or had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service and such discharge, termination, removal or dismissal from service would however be without prejudice to the right of the Government to prosecute such Government servants. The respondents have also appointed an enquiry officer to investigate the matter and an Inquiry Report has been sent to the applicant as per provisions of Rule 15 of CCS (CCA) Rules for his comments. The enquiry against the applicant has only been stalled due to an order from this Tribunal dated 11.03.2021, which the respondents have prayed to be vacated immediately to proceed with the matter.
Thus, they claim that the O.A. should be dismissed imposing exemplary cost upon the applicant.
4. The applicant has filed rejoinder wherein the applicant submits that he was appointed through Staff Selection Commission on 19.01.1983 and was subsequently declared Quasi Permanent. Upon being selected as Junior Accountant against an open market advertisement, he was appointed as Junior Accountant in National Institute of Homoeopathy. He joined NIH in April, 1987, which was on direct recruitment basis. The applicant claims that while he was selected for the post of Junior Accountant all the requisite documents were duly Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN= Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.11.19 12:02:16-08'00' Foxit PDF Reader Version: 2024.3.0 10 O.A. 350/00165/2021 with M.A. 350/00395/2021 verified by the authorities of NIH at various stages of recruitment and he was also accorded promotion to the post of Accountant after due verification of his antecedents. According to the applicant, the NIH authorities have already confirmed his identity and nationality without dispute and objection. Moreover, the then authority of NIH had neither asked the applicant to submit documents in support of his Nationality nor had asked for any clarification/explanation to that effect. The Charge Sheet dated 12.06.2017 was cancelled and withdrawn by the authority without giving any reason. The matter of CBI and its investigation is already subjudice before the Court of Ld. Judge, Special (CBI) Court, Alipore, Kolkata. The applicant claims that since the applicant had fulfilled and completed all pre-requisite stages involved in the entire process including scrutiny of the 'Application' for Citizen Certificate, verification of identity and existence and physical appearance time and again before the respective authority till a 'Certificate' is physically issued/handed over and applicant upon verbal confirmation about grant / issue of Citizenship certificate in his favour from the respective office at that point of time had declared himself as an Indian Citizen. The attestation form was duly verified during Police Verification and the competent authority has confirmed the same to applicant's previous employer without any dispute and objection. Hence, raising any question pertaining to Citizenship after a lapse of more than 37 years is malafide and bad in law. He further submits that the Governing Body of NIH had already resolved and recommended that no further departmental action to be initiated against the applicant, however, the Director, NIH (Member Secretary, GB) had proactively vide his letter dated 18.12.2019, without concurrence of the GB, had sent a mail dated 20.12.2019 for initiating Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN= Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.11.19 12:02:16-08'00' Foxit PDF Reader Version: 2024.3.0 11 O.A. 350/00165/2021 with M.A. 350/00395/2021 departmental action against him. Hence, he claims that for the ends of justice, his prayer requires to be allowed.
5. Heard the Ld. Counsel for both the parties and perused the materials available on record.
6. It is noted that initially the applicant qualified in Clerk Grade Exam, 1981 conducted by Staff Selection Commission (ER), Kolkata and was appointed at Regional Office of Health and Family Welfare, Govt. of India, Kolkata under NMEP and was subsequently declared as 'Quasi Permanent on 30.01.1987. He resigned from NMEP in April, 1987 and joined National Institute of Homoeopathy which is an Autonomous Organisation after being declared qualified in the selection procedure. A enquiry was conducted towards identity of the applicant during the year 2007. The Regional Director, ROH & FW, Kolkata vide his letter dated 27.07.2007 had confirmed the details which were sought for by the Ministry. Thereafter, during the year 2015, the Director, NIH vide his letter dated 16.10.2015 again sought for certain information towards the identity of the applicant from the Regional Office which was also suitably replied to. Thereafter, nothing transpired. However, a Charge Sheet dated 29.01.2015 was issued by the authorities which was subsequently cancelled and withdrawn. In furtherance to that, another Charge Sheet dated 12.06.2017 was also issued which was also withdrawn and cancelled on 30.11.2018 without any reason. We further find that the matter is under investigation by the CBI and the Court of Ld. Judge, Special (CBI) Court, Alipore, Kolkata is in seized of the matter.
Thus, we find that the initial Charge Sheet dated 12.06.2017 had been withdrawn without citing any reasons and the matter lies with the CBI and its investigation is subjudice before the Hon'ble Judicial Court at Alipore.
Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN= Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.11.19 12:02:16-08'00' Foxit PDF Reader Version: 2024.3.0 12 O.A. 350/00165/2021 with M.A. 350/00395/2021 The Ahmedabad Bench of this Tribunal in R.A. No. 44/1986 (SCA 940/80) in the matter of R.B. Parmar v. Union of India & ors. has, inter alia, held as under:-
"10. It is quite evident from the aforesaid Order, that the Disciplinary Authority while cancelling the memo of charges he has neither indicated or expressed his intention to issue a subsequent fresh charge. A duty has been enjoined upon the authorities to assign the reasons for such an action while passing an order of cancellation. In case, the competent authority has any intention to issue a fresh charge-sheet against the delinquent, he should be careful in indicating the same in explicit terms while passing the order. Thus it is amply clear that the action of the Disciplinary Authority in issuing a fresh charge sheet (Annexure 'C') and consequently, passing the impugned order is bad in law. The disciplinary authority under the circumstances was debarred from initiating fresh proceedings against the petitioner. The impugned order is therefore not sustainable."
Therefore, as the impugned Charge Memorandum dated 30.12.2019 has been issued on identical set of charges as mentioned in Charge Sheet dated 12.06.2017, which has been withdrawn without assigning any reasons. Therefore, the Charge Sheet dated 30.12.2019 is not sustainable as per law. Accordingly, we quash and set aside the Charge Memorandum dated 30.12.2019. Since the matter is sub-judice before the Court of Ld. Judge, Special (CBI) Court, Alipore, Kolkata and is yet to be finalized, the authorities are directed to release all admissible retiral benefits to the applicant as per Rules. However, the authorities are at liberty to take appropriate steps as per law after finalization of criminal proceedings.
7. The O.A. is disposed of accordingly. There shall be no order as to costs.
Accordingly, M.A. No. 350/00395/2021 seeking vacation of interim Order stands rejected.
(Suchitto Kumar Das) [Urmita Datta (Sen)]
Administrative Member Judicial Member
sp
Digitally signed by Shantanu Pramanik
Shantanu
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65=
133598026844054409pZp0Sk77DU2VN1, Phone=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN= Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.11.19 12:02:16-08'00' Foxit PDF Reader Version: 2024.3.0