Central Administrative Tribunal - Chandigarh
Pawan Kumar vs Home Affairs on 2 February, 2026
1
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
ORIGINAL APPLICATION NO.259/2024
PRONOUNCED ON: 02.02.2026
RESERVED ON: 16.01.2026
CORAM:
HON'BLE MR. SURESH KUMAR BATRA, MEMBER (J)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
Pawan Kumar S/o Mohinderpal aged about 51 years R/o Gali No.
04, Vijay Nagar, Batala Road, Amritsar, Last Posted at Deputy
Director, DIB, 12 Albert Road, Rani Ka Bagh, Amritsar (Punjab)
Pin No. 143001, Group-C Post (PIS No. 128312).
.... Applicant
(By Advocate: Sh. Nitin Sharma).
Versus
1. Union of India through Secretary Ministry of Home Affairs,
North Block, New Delhi.
2. Director Intelligence Bureau, 35 Sardar Patel Marg, Chanakya
Puri, New Delhi 110021.
3. Assistant Director/CI, Subsidiary Intelligence Bureau,
Mahendra House, Rani Ka Bagh Amritsar, Punjab 143001.
4. Joint Director, Subsidiary Intelligence Bureau, Madhya Marg,
Sector-19/A, Chandigarh.
....Respondents
(By Advocate: Sh. Sanjay Goyal, Sr. CGSC).
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d31
, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First
KAMLA DEVI
Floor Sector19 Panchkula, OID.2.5.4.65=
1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e46
5, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.02.12 10:16:38+05'30'
2
ORDER
PER: MRS. RASHMI SAXENA SAHNI, MEMBER (A)
1. Present original application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking following relief:-
a. Quashing the Report of Inquiry Officer dated 16.08.2017 (Annexure A-14) in which Charge No. II, III and IV are stated to be 'proved without appreciating the complete facts and circumstances of the case being a case of no evidence and further Quashing the Order dated 28.09.2017 (Annexure A-16) through which the punishment of removal from service' has been awarded to the applicant stating that all the Charges i.e. I to V have been proved disagreeing with the Report of Inquiry Officer in relation to Charge No. I and V and further quashing the order dated 10.05.2018 (Annexure A-19) through which the appeal of the applicant has been rejected without appreciating the facts, circumstances and being case of no evidence in the present case and finding of guilty based on surmises and conjectures.
b. Quash order dated 09.07.2016 A-1 alongwith subsequent proceeding i.e. quash order dated 14.07.2016 A-2, 27.09.2016 A-4, 05.10.2016 A-5, 11.01.2017 A-9.
c. Quash order dated 29.12.2023 A-23 whereby contentions raised by applicant in appeal (A-21) have not been considered and earlier impugned order has been re-written and passed. d. Directing the respondents to re-instate the applicant back in service from the date of 'removal from service' i.e. 28.09.2017 and further granting him all the consequential service benefits for the period of removal to period of rejoining alongwith continuity of service, seniority, pay and allowances/arrears with interest @ 18% per annum;
e. Directions to the respondents to correctly assess and pay the arrears of subsistence allowance to the applicant from the date it was arbitrarily reduced through letter dated 06.10.2016 (Annexure A-5) (Colly) to 50% of subsistence allowance already awarded to the applicant through letter dated 14.07.2016 (Annexure A-2) against Fundamental Rule 53 and which was further stopped in the month of April 2017 all together with interest @ 18% per annum from the date of anomaly till the date of entitlement;
2. The applicant initially joined Central Industrial Security Force (CISF) on 16.02.1992 and was sent on deputation to Intelligence Bureau (IB) in the year 2005 and thereafter he DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d31 , PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First KAMLA DEVI Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e46 5, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.02.12 10:16:38+05'30' 3 was absorbed in Subsidiary IB on permanent basis in the year 2011. In June 2016, the applicant while holding the post of Junior Intelligence Officer Grade-II/General (JIO- II/G) of CI unit, Subsidiary IB, Amritsar was sent on deputation at Bureau of Immigration at Shri Guru Ram Das ji International Airport, Amritsar, Punjab and was performing the duties at Security Control Unit. Balraj Singh S/o Sukhdev Singh R/o Vill. Nawan Pind Panj Khadai, PO Balpurian, Tehsil Batala, District Gurdaspur, Punjab bearing Passport No. N9574340 was travelling to Italy via Doha, through Qatar Airways. The date of departure from Guru Ram Das Ji International Airport, Amritsar was 04.06.2016. Balraj Singh went through the entire immigration procedure and got immigration clearance from Amritsar Airport and travelled to Doha (Which was 1st stop on his way to Italy). He was intercepted at Doha by immigration authorities for carrying fake Italy Permanent Residency Card and was deported to India. In India, it was found that his Passport was having false immigration stamps of entry and exit from Hyderabad. It was found that immigration agent helped him to get entire fake documents to facilitate his travel to Italy.
3. On 04.06.2016, the applicant was performing duties at Security Control Unit, Amritsar Airport. Many personnel from Punjab Police were also performing duties at the said Airport DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d31 , PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First KAMLA DEVI Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e46 5, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.02.12 10:16:38+05'30' 4 and therefore the applicant was acquainted with them. The above-mentioned Balraj Singh was also Punjab Police Personnel and one of the acquaintance of the applicant posted at airport (known to father of Balraj Singh) had requested the applicant to accompany Balraj Singh towards clearance stating that Balraj Singh is going Abroad for the 1st time (just on humanitarian grounds). The applicant agreed and directed Balraj Singh what all to do and where all to go so that the same could save Balraj Singh's time and he does not face any hardship at the Airport. After the deportation of Balraj Singh, CCTV footage was checked and an adverse inference was drawn against the applicant for accompanying Balraj Singh as could be seen in CCTV footage. The applicant received a Memorandum dated 06.06.2016 from immigration Bureau in which an inference was drawn to the extent that the applicant facilitated Balraj Singh to get through the immigration and a request was made to repatriate the applicant to parent cadre immediately. Through letter dated 09.07.2016 the applicant was placed under suspension by the order of Assistant Director/Administration, Subsidiary Intelligence Bureau, Government of India by exercising powers conferred under Rule 10 of Central Civil Services (Classification, Control and Appeal) Rules 1965. Further, as per Rule 10 of CCS (CCA) DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d31 , PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First KAMLA DEVI Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e46 5, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.02.12 10:16:38+05'30' 5 Rules, 1965 it has been specifically mentioned that appointing authority can place an employee under suspension in respect of any criminal offence which is under investigation or trial. In the case of present applicant there was no such case. The present applicant was falsely invoked in another case/FIR No. 403 dated 20.08.2016 U/s 364, 34 IPC at PS: Civil Line, Amritsar. Later, Ld. Sessions Court, Amritsar vide Case No. SC/460/2016 acquitted the present applicant and there is no other case pending qua the applicant.
4. The state witness made the statements dated 31.08.2016.
The applicant in his statement stated that Balraj Singh or his father did not know him but some personnel of Punjab Police introduced him and told him that father of Balraj is from Punjab Police. The request was made by father of Balraj Singh to show him the reporting places in immigration process because no one else could go inside as the airport was on red alert and Balraj Singh was new to the processes. The applicant asked the immigration Officer whether he can do the immigration on priority on which the immigration Officer at the Counter refused and thereafter Balraj Singh himself got his clearance done and thereafter the applicant met Balraj Singh at SFA where Balraj Singh asked him to give his phone to his father and called his father stating that DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d31 , PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First KAMLA DEVI Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e46 5, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.02.12 10:16:38+05'30' 6 the applicant will bring his phone on which the applicant talked on Balraj's phone with his father and told him he is bringing phone outside.
5. Sh. Vijay Kumar, JIO-II/G (who was immigration Officer at Counter No. 5) stated that he was performing duties at Departure Counter No. 5 and had Stamp No. 12 on 04.06.2016 and applicant Pawan Kumar came to him and told him that someone known to me is in passenger line and should I bring him to you on which Vijay Kumar stated that the passenger line is short and therefore let him be in Line. Balraj Singh in normal course came to his counter (turn came to his counter) and he checked the entire documents and on being satisfied and after doing queries from him, he allowed Balraj Singh to proceed further. Sh. Pankaj Prasoon (AFRO Airport) stated that on 05.06.2016 Balraj Singh landed at the Airport after being deported from Doha and on 04.06.2016, his clearance was done by Vijay Kumar and after checking documents, it was found out that the documents were checked negligently and not in a careful manner. But after checking CCTV it was found that Sh. Pawan Kumar (the applicant) had escorted Balraj Singh right from beginning till SHA area and was even seen standing near immigration Counter No. 5 and also speaking on the phone of Balraj Singh. Sh. Sanket Singh, ACIO-II, to whom DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d31 , PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First KAMLA DEVI Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e46 5, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.02.12 10:16:38+05'30' 7 Balraj Singh was handed over after deportation, for questioning did not state anything in relation to above charges rather only stated that Balraj Singh had disclosed that he got visa after paying Rs. 14,00,000/- to some agents.
6. Sh. Yash Pal who was performing Departure Duty on 04.06.2016 stated that he did not hear information between Vijay Kumar and Balraj Singh nor did he hear any conversation between Vijay Kumar and Pawan Kumar. Sh.
Sanjeev Kumar, ACIO, who was posted at Counter No. 6 on 04.06.2016 stated he did not hear anything on Counter No. 5 on 04.06.2016 due to rush. Sh. Gurdip Singh did not make a statement in relation to charges and stated that Balraj Singh only stated that he had got visa from some agent.
7. The applicant received Memorandum dated 27.09.2016 issued by Subsidiary Intelligence Bureau, MHA, GOI through which the charge sheet was served on the applicant. The respondents vide order dated 13.10.2016 issued an order whereby it was stated that a criminal case is under investigation against the applicant (Annexure A-5). Further, applicant's suspension period was extended for further 90 days and through letter dated 06.10.2016, the applicant was informed that he is sanctioned Subsistence Allowance at DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d31 , PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First KAMLA DEVI Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e46 5, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.02.12 10:16:38+05'30' 8 reduced rates i.e. 50 % of subsistence allowance admissible during initial period of suspension, for period of 90 days w.e.f. 07.10.2016 or till such time he remains under suspension, whichever is earlier. Further, vide order dated 13.10.2016, it was ordered that the applicant shall remain under suspension till termination of proceedings against him. As the applicant got involved in another criminal case, the applicant did not submit his letter of defence pursuant to Memorandum dated 27.09.2016 in time but time given for the statement of defence was extended. The applicant gave the written statement of defence dated 11.11.2016 addressed to the Assistant Director and Disciplinary Authority, SIB, Amritsar, in which he gave article/charge wise reply and denied the entire charges levelled against him. Through letters dated 18.11.2016, Sh. Amlendu Prabhakar, DCIO/Exe was appointed as Enquiry Officer and Sh. Abhishek Jaiswal, A.S.O was appointed as Presenting Officer. On 28.12.2016, the applicant sought more time to give list of defense witness, submission of defense documents and name of defense assistant. On 16.01.2017 Sh. Pankaj Prasoon, AFRO, Bureau of Immigration and Sh.
Lal Chanad, DCIO/Exe were examined and cross-examined.
8. According to applicant, he was falsely implicated in a criminal case in FIR No. 403 dated 20.08.2016 U/s 364 read DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d31 , PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First KAMLA DEVI Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e46 5, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.02.12 10:16:38+05'30' 9 with Section 34 of IPC registered at PS: Civil Lines, District Commissionerate, Amritsar. The applicant could not attend the inquiry proceedings for the reason that he was contesting his bail application before the Hon'ble Punjab & Haryana High Court and therefore, his defence under Rule 14 (16) of CCS (CCA) Rules, 1965 was struck of vide letter dated 24.05.2017 issued by the Inquiry Officer. Later, Ld. Sessions Court, Amritsar vide Case No. SC/460/2016 acquitted the present applicant and there is no other case pending qua the applicant. The departmental inquiry in relation for to above mentioned case and investigation was conducted in FIR and the applicant stands exonerated both in the criminal case as well as in departmental inquiry in relation to above mentioned case. The Presenting Officer gave his report dated 06.06.2017 in which the charges levelled against applicant were stated to be proved. The Inquiry Officer gave the inquiry Report dated 16.08.2017 in which the Charges levelled against the applicant under Article-II, III & IV were stated to be proved and charges under Article I & V were stated to be not proved. The copy of the inquiry Report was forwarded to the applicant through the letter dated 23.08.2017 issued by Assistant Director/Admn. alongwith disagreement on the findings of charges under Article I & V. The reason for disagreement in DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d31 , PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First KAMLA DEVI Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e46 5, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.02.12 10:16:38+05'30' 10 relation to Article I was stated to be the CCTV footage as well as the statement of SW-1, 3, 5, 6 & 7 and taking into consideration the same the Inquiry Officer in the letter dated 23.08.2017 itself stated that the charges levelled against the applicant under Article I & Article V stands proved.
Disciplinary authority while forwarding the report of Inquiry Officer for giving the opportunity to represent against the same had decided that the charges under Article I & V also stands proved and therefore, the applicant was given opportunity to represent against charges II, III & IV and disagreement under Article I & V through letter dated 23.08.2017. The disciplinary authority passed an order dated 28.09.2017 through which all the charges levelled against the applicant were stated to be proved. The major charge of the proceedings was stated by the Inquiry Officer to have not been proved against the applicant.
9. The punishment of 'removal from service' was awarded through impugned order dated 28.09.2017. Through the order dated 28.09.2017, the applicant was given an opportunity to prefer an Appeal to Appellate Authority i.e. Joint Director, SIB within 45 days from the date of receipt of order. The applicant gave an appeal dated 08.11.2017 to the Appellate Authority, which was dismissed vide order dated 10.05.2018, upholding the DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d31 , PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First KAMLA DEVI Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e46 5, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.02.12 10:16:38+05'30' 11 order of removal. The applicant had filled OA No. 60/1135/2018 whereby impugned enquiry report dated 16.08.2017, order dated 28.09.2017 and order passed in appeal dated 10.05.2018 were challenged, which was disposed of by allowing applicant to file revision petition. The applicant filled revision petition in compliance of Tribunal's order dated 03.07.2023. The applicant thereafter in O.A No. 1135 of 2018 filled execution application vide M.A No. 2386 of 2023 and notice was issued on 17.01.2024. Pursuant to the notice being issued a back dated impugned order dated 29.12.2023 was passed. After passing of the order dated 29.12.2023, M.A. No. 2386/2023 was dismissed as infructuous on 22.02.2024.
10. According to applicant, he had unblemished service of over 24 years and had not been involved in any controversy except for the one mentioned in the Original Application.
Further, after almost 24 years of service, the applicant was awarded the stringent punishment of removal from service which is completely disproportionate in light of the fact that his livelihood and entire pensionary benefits have been taken away from him. There had been no other punishment/red mark entry in the service records of the applicant except for the one in this controversy. Further, his family has been suffering the DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d31 , PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First KAMLA DEVI Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e46 5, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.02.12 10:16:38+05'30' 12 consequences of severe punishment of removal from service and ceasing of Subsistence Allowance imposed upon him by the respondents from the past six years. The education of the Applicant's children has been affected badly and he has been barely able to meet the financial ends of his family. The applicant has an ailing mother to look after as well. However, the constraints on his pocket has been causing him financial and mental harassment. Hence this O.A.
11. The respondents have filed written statement on 06.09.2024 submitting that the applicant has submitted an appeal to the Appellate Authority (JD, SIB, Chandigarh) on 08.11.2017. The Appellate Authority held that the Inquiry Officer as well as Disciplinary Authority had followed all the procedure laid down under Rule 14 of CCS (CCA) Rules, 1965 while passing the order on the basis of the outcome of the Inquiry. Applicant was provided reasonable opportunity to defend himself under provisions contained in CCS (CCA) Rules, 1965. The Appellate Authority rejected the appeal of the Charged Officer vide order dated 10.05.2018 (Annexure R-1). Further, in compliance to order dated 03.07.2023 passed by the Tribunal, applicant submitted his Revision Petition to the Revising Authorities i.e. Director, Intelligence Bureau, MHA, Govt. of India, New Delhi on 17.07.2023.
Revisionary Authority held that the petitioner had violated DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d31 , PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First KAMLA DEVI Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e46 5, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.02.12 10:16:38+05'30' 13 Rule 3(1) (ii), (ii), (vi), (ix), (xv), (xviii) and xix) of CCS (CCA) Rules, 1965 and each Government servant especially one holding positions to trust and responsibility should be honest in discharge of his duties. It was crystal clear that he was guilty of misusing his posting at the Airport by facilitating and escorting the passenger throughout despite knowing the facts that there were CCTV cameras installed all over in the Airport. It was also amply clear from the CCTV footage that the petitioner had made the passenger to jump the queue and come to the counter manned by Sh. Vijay Kumar (SW-6) directly. Sh. Vijay Kumar (SW-6) in his testimony, invariably mentioned that the petitioner came to his counter and said that 'mera koi khas aadmi hai'. Had the passenger been not known to him already, the petitioner would never have bypassed the standing queue and given special privilege of escorting throughout, to the passenger.
The petitioner was posted in Security Control Unit of the Airport it was not his duty to facilitate any passenger, however he did so beyond the call of his duty and helped the passenger to cross borders using unlawful means. Moreover, the applicant did not bring their courtesy to the notice of his Supervisor (SW-2) as letting the seniors know about the facilitator could have thwarted his plan. It is for the authority to take the decision keeping in view the discipline DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d31 , PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First KAMLA DEVI Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e46 5, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.02.12 10:16:38+05'30' 14 in the service. Any leniency will embolden and encourage others, besides adversely affecting the functioning of this sensitive organization. Therefore, the petitioner is unfit to remain in a sensitive organization like IB. His indiscipline has not set a very good example for other staff members in the office. Discipline and decency will have to be maintained at all costs and breach thereof will have to be severely dealt with. The nature of the offence proved against the petitioner is one which certainly calls for the severest punishment of Removal from Service. For the reasons afore stated, the impugned order dated 28.09.2017 imposing penalty of 'Removal from Service' was confirmed vide order dated 29.12.2023 (Annexure R-2). Thus, the present O.A. deserves to be dismissed as the respondents have not violated any procedure and rules. Whole procedure as laid down under Rule 14 of CCS (CC&A) Rules, 1965 has been followed thus the present OA deserves to be dismissed on this ground as well. The impugned order is just, bonafide and passed by the competent authority in the administrative interest and neither statutory rule has been violated nor the same is result of any malafide.
12. We have examined facts on record as well as impugned order dated 28.09.2019 imposing penalty of removal from service. We have also perused charge sheet served on the DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d31 , PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First KAMLA DEVI Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e46 5, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.02.12 10:16:38+05'30' 15 applicant and articles of charges contained therein. From the pleadings on record, we find that the respondents have followed procedure as provided under Rule 14 of the CCS (CCA) Rules, 1965 in conduct of disciplinary proceedings and the Inquiry Officer has come to conclusion that the charges stand proved.
13. We agree that the law is settled that departmental proceedings and the criminal proceeding operate in different fields with different set of rules. In criminal, the test is that charges are proved beyond reasonable doubt. In departmental proceedings, it is preponderance of probability. Applicant has relied upon the fact that he has been acquitted in FIR No.403 dated 20.08.2016. However present departmental proceedings relate to FIR No.19 dated 5.6.2016 which relates to facilitating of passenger Balraj Singh at the airport.
14. Applicant has also sought relief on account of acquittal of Balraj Singh from Court of Chief Judicial Magistrate on 9.9.2019 in case No.520/2017. In our view, this reliance is not fully applicable as the acquittal of Balraj Singh is under Section 420 of IPC and issue regarding validity of his passport would fall under Passport Act. The departmental inquiry against the applicant are not for creating fake stamp but for facilitating passenger and concealing this action from DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d31 , PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First KAMLA DEVI Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e46 5, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.02.12 10:16:38+05'30' 16 Supervising officer. But in our view criminal case against Balraj Singh and his acquittal therein does have relevance to inquiry about misconduct of the applicant under Rule 3 of CCS (CCA) Rules.
15. Contention of the applicant that Vijay Kumar, Immigration officer was treated differently for his role in the incidence is however not relevant as he was deputationist from another department and his file with all facts was forwarded by respondents to his parent department for taking necessary action.
16. We find that the action against on the applicant is based on the premise that passenger, he facilitated was carrying fake passport and documents, however, the same has not been found correct and Balraj Singh has been acquitted in criminal case by the Court of Chief Judicial Magistrate on 09.09.2019 in case No.520/2017 thereby the entire case of the prosecution has collapsed.
17. In the light of above, we are aware of the Hon'ble Supreme Court judgment in B.C. Chaturvedi vs. Union of India (1995) 6 SCC 749 wherein it has been held 'that disciplinary authority is sole judge of facts and has exclusive power to impose appropriate punishment keeping in view magnitude or gravity of misconduct and High Court/Tribunal cannot normally substitute its own conclusion on penalty. The DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d31 , PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First KAMLA DEVI Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e46 5, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.02.12 10:16:38+05'30' 17 punishment impose shocks the conscience only if it is wholly disproportionate to the proved misconduct. Thus, power of the Tribunal to interfere with quantum of punishment is extremely limited and can be exercised only in exceptional cases where punishment is shockingly disproportionate or perverse. Respondents have relied upon certain other decisions which are regarding arbitrariness, perversity and dis proportionality being probable grounds for interference for Tribunal.
18. In our view, without re-appreciating the evidence, while exercising power of judicial review, in the light of acquittal of Balraj Singh the punishment imposed on the applicant needs to be reconsidered and also the fact that the inquiry officer proceeded ex-parte even though after affording sufficient opportunities, to arrive at the conclusion with regard to proving of charges.
19. Keeping totality of circumstances in view and the fact that the applicant and his family is suffering financial hardship and this is the only case against him, we urge disciplinary authority/revision authority to reconsider punishment which we find is disproportionate to the conduct of the applicant.
Hence, the impugned orders dated 28.09.2017 (Annexure A-
16), 10.05.2018 (Annexure A-19) and 29.12.2023 (Annexure A-23) imposing penalty of removal from service DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d31 , PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First KAMLA DEVI Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e46 5, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.02.12 10:16:38+05'30' 18 on applicant are quashed and the applicant is reinstated. However, the Disciplinary Authority is free to impose any other punishment proportionate to misconduct of the applicant. Respondents are also directed to pay all benefits including subsistence allowance as may be due and admissible to applicant.
20. The O.A. is partially allowed with the above remarks.
Necessary action in this regard may be taken within six weeks from the receipt of certified copy of this order. No costs.
(RASHMI SAXENA SAHNI) (SURESH KUMAR BATRA)
MEMBER (A) MEMBER (J)
/kr/
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d31 , PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First KAMLA DEVI Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e46 5, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.02.12 10:16:38+05'30'