Central Administrative Tribunal - Kolkata
Subodh Kumar Barua vs All India Institute Of Hygiene & Publice ... on 22 May, 2026
1 O.A. No. 350/903/2023
& O.A. No. 350/178/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
O.A. No. 350/903/2023
O.A. No. 350/178/2025
Date of Hearing: 28.04.2026
Date of Order: 22.05.2026
Coram: Hon'ble Mr. Anindo Majumdar, Administrative Member
Hon'ble Mr. Diwakar Singh, Judicial Member
In the matters of:-
1. O.A. No. 350/903/2023: Subodh Kumar Barua, Aged 57 Years,
S/o Late Shri Kumud Bandhu Barua,
Data Entry Operator, Group 'C', Urban
Health Unit and Training Centre, All
India Institute of Hygiene and Public
Health, Ministry of Health and Family
Welfare, 19, Chetla Hat Road, Kolkata-
700027.
......... Applicant
-Versus-
UNION OF INDIA through The
Director, All India Institute of Hygiene
and Public Health, Ministry of Health
and Family Welfare, 110, Chita
Ranjan Avenue, Kolkata-700073.
.......Respondents
For The Applicant(s): Mr. T. R. Mohanty; Counsel
For The Respondent(s): Mr. S. Paul; Counsel
2. O.A. No. 350/178/2025: Subodh Kumar Barua, Aged 57 Years,
S/o Late Shri Kumud Bandhu Barua,
Data Entry Operator, Group 'C', Urban
Health Unit and Training Centre, All
India Institute of Hygiene and Public
Health, Ministry of Health and Family
Welfare, 19, Chetla Hat Road, Kolkata-
700027. Resident of: 269/2, Athpur
Matun Pally, P.O.: Shyamnahar,
District-24 Paragans (North), West
Bengal, Pin-743127.
......... Applicant
Digitally signed by Utkarsh Jha
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel
and Training, Phone=
a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d
Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER=
87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a,
CN=Utkarsh Jha
Reason: I am the author of this document
Location:
Date: 2026.05.22 14:46:36-07'00'
Foxit PDF Reader Version: 2024.3.0
2 O.A. No. 350/903/2023
& O.A. No. 350/178/2025
-Versus-
1. Union of India through The
Secretary, Ministry of Health and
Family Welfare, Nirman Bhawan, New
Delhi-110011. e-Mail: [email protected],
Phone No. 1123061863.
2. The Director, All India Institute of
Hygiene and Public Health, Ministry of
Health and Family Welfare, 110, Chita
Ranjan Avenue, Kolkata-700073. e-
Mail: [email protected]; Mobile No.
9311188920.
3. Dr. S.K. Sdhukhan, Director,
Professor and Head, Department of
Epidomology, All India Institute of
Hygiene and Public Health, Ministry of
Health and Family Welfare, 110, Chita
Ranjan Avenue, Kolkata-700073. e-
Mail: [email protected].
Mobile No. 9836287874 .
.......Respondents
For The Applicant(s): Mr. T. R. Mohanty; Counsel
For The Respondent(s): Mr. S. Paul; Counsel
ORDER
Per: Mr. Diwakar Singh, Member (J)
Heard Ld. Counsel on both the sides.
2. O.A. No. 350/903/2023 has been filed challenging the Memorandum dated 09.12.2022 whereby a Major Penalty Charge Sheet came to be issued against the applicant under Rule 14 of the CCS (CCA) Rules, 1965. The applicant has sought the following relief(s) therein:-
Digitally signed by Utkarsh Jha
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 3 O.A. No. 350/903/2023 & O.A. No. 350/178/2025 "8.1. to allow the present Application;
8.2. to quash and set aside the impugned Major Penalty Charge Sheet dated 09.12.2022 (Annexure: A-1) and all the consequences thereof, as being bad in law;
8.3. to allow exemplary costs of the application; and 8.4. to issue any such and further order/directions this Hon'ble Tribunal deems fit and proper in the facts and circumstances of the case." 2.1. O.A. No. 350/178/2025 has subsequently been filed challenging certain proceedings/orders issued during pendency of the disciplinary proceedings, including the communication dated 03.01.2025 and Notice dated 03.01.2025 issued in connection with the enquiry proceedings arising out of the aforesaid charge memorandum. The applicant has sought the following relief(s) therein:-
"8.1. to allow the present Application:
8.2. to quash and set aside the impugned Letter dated 03.01.2025 [Annexure: A-1]:
8.3. to quash and set aside the impugned Notice dated 03.01.2025 [Annexure: A-2];
8.4. to direct Respondent No. 3 to hold the enquiry strictly in terms of Rule 14 of Central Civil Services (Classification, Control and Appeal) Rules, 1965;
8.5. to direct Respondent No. 3 not to hold further enquiry into the New Major Penalty Charge Sheet dated 09.12.2022 [Annexure: A-6] without the Prosecution first providing the Originals of all Listed Prosecution Documents for inspection of the Defence; 8.6. to direct Respondent No. 3 to issue Notices for the enquiry into the New Major Penalty Charge Sheet dated 09.12.2022 (Annexure: A-6], as mandated under Sub-Rule (7) of Rule 14 of Central Civil Services (Classification, Control and Appeal) Rules, 1965; 8.7. to direct Respondent No. 3 to issue Notices to the Prosecution Witnesses by name, rather than by designation; 8.9. to issue any such and further order/directions this Hon'ble Tribunal deems fit and proper in the facts and circumstances of the case; and 8.8. to allow exemplary costs of the application."
3. Since the reliefs sought in O.A. No. 350/178/2025 are ancillary to and arise out of the disciplinary proceedings challenged Digitally signed by Utkarsh Jha DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 4 O.A. No. 350/903/2023 & O.A. No. 350/178/2025 in O.A. No. 350/903/2023, both the matters are being decided together by this common order.
FACTS OF THE CASE
4. The applicant joined the respondent Institute in Group 'D' post as Laboratory Attendant in the year 1992. Subsequently, the applicant sought permission to appear in the Secondary/Madhyamik Examination conducted by the Bihar School Examination Board, which permission was granted by the respondents vide letter dated 04.01.1995 (Annexure A/21 to O.A. No. 350/903/2023). The applicant thereafter appeared in the said examination in 1995 as a Regular Candidate and obtained the matriculation certificate. The applicant had availed Earned Leave from 15.05.1995 to 30.05.1995 for appearing in the said examination. The said qualification was thereafter accepted by the respondents and formed the basis for the applicant's subsequent appointment/promotion to the post of Data Entry Operator on 19.03.2001.
4.1. Subsequently, a complaint was received by the Central Vigilance Commission (CVC) regarding certain officials, including the applicant, upon which the CVC referred the matter to the Ministry of Health and Family Welfare vide letter dated 05.08.2019 (Annexure R/4 to O.A. No. 350/903/2023). The said letter, which required the respondents to investigate the matter and forward a detailed report, is reproduced hereunder:-
Digitally signed by Utkarsh Jha
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 5 O.A. No. 350/903/2023 & O.A. No. 350/178/2025 "के ीय सतकता आयोग CENTRAL VIGILANCE COMMISSION FTS: 1462668/US(vig)/2019 No. Conf/9192/19/428260 िदनां क/ Dated 05/08/2019 OFFICE MEMORANDUM Sub. Complaint against officials of All India Institute of Hygiene and Public Health, Kolkata (M/o HFW).
A copy of complaint dated NIL received in the Commission on the above cited subject is enclosed. On scrutiny of the complaint, it is seen that the allegations mentioned in the complaint have a vigilance angle and, therefore, need to be investigated.
2. In view of the above, the Central Vigilance Commission in exercise of powers conferred on it under Section 8 (1) (d) and Section 8 (1) (h) of the CVC Act 2003 hereby directs that an investigation be conducted into the complaint. The detailed investigation report along with the Department's specific comments/recommendations on each of the allegations may be submitted to the Commission within 12 weeks of receipt of this order.
3. The receipt of this order may be acknowledged.
-sd-
(Ramawatar Meena) Director Ministry of Health & Family Welfare, (Sh. Alok Saxena, (VO), 901, Chandralok building, Janpath New Delhi-110001."
{Emphasis supplied} 4.2. Pursuant thereto, the concerned Ministry forwarded the matter to the respondents for investigation vide letter dated 19.09.2019 (Annexure R/4 to O.A. No. 350/903/2023). The said communication is also reproduced as under:-
Digitally signed by Utkarsh Jha
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 6 O.A. No. 350/903/2023 & O.A. No. 350/178/2025 " Government of India Ministry of Health & Family Welfare Directorate General of Health Services (Medical Education Section) Nirman Bhawan, New Delhi Dated the 19th September 2019.
To, The Director, All India Institute of Hygiene & Public Health, 110, Chittaranjan Avenue, Kolkata-700073 Sub: Complaint against officials of All India Institute of Hygiene & Public Health (ΑΠΗ&ΡΗ), Kolkata. -regarding.
Sir, I am directed to forward a copy of the complaint dated NII. on the above mentioned subject, received from the Central Vigilance Commission with the request to get investigation the allegations mentioned in the complaint and forward the detailed investigation report, in a sealed cover, along with attested relevant copies of documents/files and with the specific comments/recommendations on each of the allegations, latest by 25.9.2019 without fail. As the complaint is made under 'Whistle blower Act', the identity of the complainant is not being disclosed. Encl: As above.
Yours faithfully, (S.K. Tanwar) Deputy Director(ME)"
{Emphasis supplied} 4.3. Thereafter, a Major Penalty Charge Sheet dated 07.02.2020 (Annexure A/2 to O.A. No. 350/903/2023) and another dated 01.03.2021 (Annexure A/3 to O.A. No. 350/903/2023) on substantially the same allegations were issued to the applicant.
The Charge Sheet dated 07.02.2020 was challenged before this Tribunal in O.A. No. 350/542/2020. By order dated 12.08.2020 (Annexure R/5 to O.A. No. 350/903/2023), this Tribunal directed the respondents to ascertain from the Bihar School Examination Digitally signed by Utkarsh Jha DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 7 O.A. No. 350/903/2023 & O.A. No. 350/178/2025 Board regarding the genuineness of the certificates submitted by the applicant and to take an appropriate decision thereafter. 4.4. In compliance thereof, the respondents addressed a communication dated 16.09.2020 (Annexure R/6 to O.A. No. 350/903/2023) to the Bihar School Examination Board seeking verification/clarification regarding the applicant's Secondary Examination certificate. The content of the letter dated 16.09.2020 reads as under:-
"GOVERNMENT OF INDIA OFFICE OF THE DIRECTOR ALL INDIA INSTITUTE OF HYGIENE AND PUBLIC HEALTH 110, Chittaranjan Avenue, Kolkata-700073 Phone-033-22413954, 22412888 Emall [email protected] No. E. 12-3/2020 Date: 16.09.20 To, The Chairman, Bihar School Examination Board, Budh Marg, Fraser Road Area, Patna 800001 Sub: Court Case at CAT, Calcutta Bench being OA No 542 of 2020 in the matter of Shri Subodh Kumar Barua -Vs- Union of India Sir, In reference to the above mentioned court case in CAT, Calcutta Bench, this is for your kind information that Shri Subodh Kumar Barua, an employee of this Institute, had qualified secondary school examination from Bihar School Examination Board, Patna.
The copies of the following documents are attached with this letter:
1) Certificate of Madhyamik Pariksha examination 1995 of Shri Subodh Kumar Barua
2) Mark sheet of Madhyamik Pariksha examination 1995 of Shri Subodh Kumar Barua
3) Admit card of Madhyamik Pariksha examination 1995 of Shri Subodh Kumar Barua You are requested to verify the above mentioned certificates from your end and inform us whether they are genuine or not.
You are also requested to inform us the following:
1) whether Shri Subodh Kumar Barua was a regular or a private candidate under Bihar School Examination Board, Patna Digitally signed by Utkarsh Jha DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 8 O.A. No. 350/903/2023 & O.A. No. 350/178/2025
2) whether Shri Subodh Kumar Barua, being a domicile of West Bengal, was eligible to appear in Madhyamik Pariksha examination 1995 from Bihar School Examination Board Patna.
All the above information may please be sent to the earliest, preferably within one week.
All correspondences may be done to the emails as noted below:
1) [email protected]
2) [email protected] Yours faithfully
-sd-
ADDITIONAL DIRECTOR"
4.5. By communication dated 15.10.2020 (Annexure R/1 to O.A. No. 350/903/2023), the Bihar School Examination Board verified the roll number, marks obtained, year and division of passing of the applicant in the Secondary School Examination. Records further reveal that according to the respondents, the Bihar School Examination Board in its communication dated 15.10.2020 did not specifically answer the respondents' queries regarding whether the applicant had appeared as a regular or private candidate and whether, being a domicile/resident of West Bengal, he was eligible to appear in the examination conducted by the Bihar School Examination Board. Consequently, the respondents again issued further communications dated 01.12.2020 (Annexure R/7 to O.A. No. 350/903/2023) and 14.12.2020 (Annexure R/8 to O.A. No. 350/903/2023) seeking clarification from the Bihar School Examination Board. The content of the letter dated 01.12.2020 is reproduced hereunder:-
Digitally signed by Utkarsh Jha
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 9 O.A. No. 350/903/2023 & O.A. No. 350/178/2025 "GOVERNMENT OF INDIA OFFICE OF THE DIRECTOR ALL INDIA INSTITUTE OF HYGIENE AND PUBLIC HEALTH 110, Chittaranjan Avenue, Kolkata-700073 Phone-033-22413954, 22412888 Emall [email protected] No. E. 12-3/2020 Date: 01.12.20 To, The Chairman, Bihar School Examination Board, Budh Marg, Fraser Road Area, Patna 800001 Sub: Court Case at CAT, Calcutta Bench being OA No 542 of 2020 in the matter of Shri Subodh Kumar Barua-Vs-Union of India Ref: Letter no No. 7490 dated 15.10.2020 of Bihar School Examination Board Sir, In reference to the above mentioned court case in CAT, Calcutta Bench, this is for your information that this Institute vide its letter no E.12-3/2020 dated 16.09.2020 (copy enclosed) requested your good office to inform us the following:
1) whether Shri Subodh Kumar Barua was a regular or a private candidate under Bihar School Examination Board, Patna.
2) whether Shri Subodh Kumar Barua, being a domicile of West Bengal, was eligible to appear in Madhyamik Pariksha examination 1995 from Bihar School Examination Board, Patna.
Although your office informed this office about the roll no., father's name, date of Shri Subodh Kumar Barua, birth, year of passing, marks obtained, division etc. of the above information as asked for in para 1) and 2) are not supplied by your office. Since a new case in CAT, Calcutta Bench D.A. No. 1166 of 2020 has been filed, your good office is hereby requested to supply the information as asked for in para 1) and 2) All the above information may please be sent to the earliest, preferably within one week by return emall.
All correspondences may be done to the emails as noted below:
1) [email protected]
2) [email protected] Yours faithfully
-sd-
ADDITIONAL DIRECTOR"
4.6. Whereas, the letter dated 14.12.2020 reads as under:-
"GOVERNMENT OF INDIA OFFICE OF THE DIRECTOR ALL INDIA INSTITUTE OF HYGIENE AND PUBLIC HEALTH 110, Chittaranjan Avenue, Kolkata-700073 Phone-033-22413954, 22412888 Emall [email protected] No. E. 12-3/2020 Date: 14.12.20 Digitally signed by Utkarsh Jha DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 10 O.A. No. 350/903/2023 & O.A. No. 350/178/2025 To, The Chairman, Bihar School Examination Board, Budh Marg, Fraser Road Area, Patna 800001 Sub: Court Case at CAT, Calcutta Bench being OA No 542 of 2020 and OA No. 1166 of 2020 in the matter of Shri Subodh Kumar Barua-Vs-Union of India Ref: Letter no No. 7490 dated 15.10.2020 of Bihar School Examination Board Sir, In reference to the above mentioned court case in CAT, Calcutta Bench, this is for your information that this Institute vide its letter no E.12-3/2020 dated 16.09.2020 and 01.12.2020 (copy enclosed) requested your good office to inform us the following:
3) whether Shri Subodh Kumar Barua was a regular or a private candidate under Bihar School Examination Board, Patna.
4) whether Shri Subodh Kumar Barua, being a domicile of West Bengal, was eligible to appear in Madhyamik Pariksha examination 1995 from Bihar School Examination Board, Patna.
However your office has not issued any clarification regarding the above till now in the last 3 months. Proper disposal of the above court case and its associated enquiry process depends on the above clarification as requested from your office All the above information may please be sent to the earliest, preferably within one week by return email.
All correspondences may be done to the emails as noted below:
1) [email protected]
2) [email protected] Yours faithfully
-sd-
ADDITIONAL DIRECTOR"
4.7. Thereafter, the respondents received communication bearing No. SP-145 dated 29.12.2021 from the Secretary, Bihar School Examination Committee, Patna, wherein it was stated that the applicant was a regular student of Lalu Prasad Yadav High School at Mahuani, Saran which was affiliated with the Ramanand High School, Mahuani, Saran and on the basis of his regular candidature he had been permitted to appear in the Annual Secondary Examination, 1995 (Old Course), which he passed in Second Division. The relevant portion of the translated copy of the Digitally signed by Utkarsh Jha DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 11 O.A. No. 350/903/2023 & O.A. No. 350/178/2025 said communication, which has been annexed at Annexure R/3 of the reply filed by the respondents in O.A. No. 350/903/2023, is reproduced hereinbelow:-
"2. In this context, it is necessary to mention here that in the past, through the monitoring officer's letter number-Ni-7490, dated 15/10/2020, the certificate and mark certificate of the student Subodh Kumar Barua has been sent to you verifying from the records of the committee.
It is also pertinent to mention that in the case of the subject matter the photocopy of the Regulations 1964 of the Bihar School Examination Committee has also been sent by the undersigned via committee's letter number Est-1475, dated 5/10/2020.
3. It is also to be informed that on correspondence with the concerned school, a report has been made vide school head's letter-49 dated 18/06/2021 that the student's admit card and enrollment register are not available due to the destruction by the flood and the concerned student Subodh Kumar Barua Roll Code- 09182, Roll No. 0056, Annual Secondary Examination 1995 (Old Course) was originally a regular student of Lalu Prasad Yadav High School, Mahuyani, Saran and this school was affiliated with Ramanand High School, Mahuyani, saran. Presently Lalu Prasad Yadav High School, Mahuyani, Saran, is no longer in existence. A copy of the letter is being attached for easy reference.
4. In the light of the above, the point-wise report received by the relevant letter is as follows.
(I) Student Subodh Kumar Barua Roil Code-09182, Roll No. 0056, Annual Secondary Examination 1995 (Old Course) had joined as regular category student. This is confirmed by the reserved TR in the committee in which he has been listed as regular (R) student.
(II) As far as the student Subodh Kumar Barua 's eligibility to appear in the Bihar School Examination Committee's Annual Secondary Examination 1995 (Old Course) is concerned, there is a clear provision in this regard in 2 (a) of Chapter-IV of the Vihar's Regulations, 1964-"The candidate who has attended a regular course of study in the topmost class in one or more high schools for at least one session immediately preceding the examination in which he intends to appear and whose record of work and conduct are assessed to be satisfactory and who has been found fit for being sent up."
5. In this context it is also mentioned in the identity card number E-156564 provided to the student that the student Subodh Kumar Barua Roll Code-09182, Roll No. 0056, Annual Secondary Examination 1995 (Old Course) was sent up as a regular student.
Acknowledgment of the mentioned report may kindly be accepted." 4.8. The respondents thereafter proceeded on the premise that since the applicant had joined service in the respondent Institute Digitally signed by Utkarsh Jha DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 12 O.A. No. 350/903/2023 & O.A. No. 350/178/2025 in Kolkata on 05.05.1992, his appearance as a regular candidate in the Annual Secondary Examination, 1995 conducted by the Bihar School Examination Board was allegedly not in consonance with the applicable rules/regulations governing such candidature and eligibility and, on the basis of such reasoning, successive charge memoranda came to be issued against the applicant, culminating in the impugned Memorandum dated 09.12.2022. The earlier charge sheets dated 07.02.2020 and 01.03.2021 were also withdrawn by the respondents on the same date, i.e. on 09.12.2022 (Annexure A/4 to O.A. No. 350/903/2023). The fresh charge memorandum dated 09.12.2022 is reproduced herein below:-
"स मेव जयते भारत सरकार/GOVERNMENT OF INDIA ा एवं प रवार क ाण मं ालय/MINISTRY OF HEALTH & FAMILY WELFARE अ खल भारतीय ा िव ान और जन ा सं थान ALL INDIA INSTITUTE OF HYGIENE & PUBLIC HEALTH िनदे शक के कायालय/OFFICE OF THE DIRECTOR 110, िवतरे जन एवे ू /CHITTARANJAN AVENUE कोलकाता/Kolkata-700073 Email: [email protected] No.E.8-16/2019 Tele-fax 033-22412888 Dated: 09-12-2022 CHARGESHEET The undersigned proposes to hold an Inquiry against Shri Subodh Kumar Barua, Data Entry Operator, UHU&TC, Chetla under Rule 14 of CCS (CCA) Rules 1965. The substance of imputations of misconduct in respect of which the inquiry is proposed to be held is set out in the enclosed Statement of Articles of Charge (Annexure-1). A statement of the imputations of misconduct in support of each article of charge is enclosed (Annexure-II). A list of documents by which the articles of charges are proposed to be sustained is also enclosed (Annexure-III). List of Digitally signed by Utkarsh Jha DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 13 O.A. No. 350/903/2023 & O.A. No. 350/178/2025 witnesses by whom the articles of charge framed against Shri Subodh Kumar Barua are proposed to be sustained, is also enclosed (Annexure-IV).
Shri Subodh Kumar Barua is directed to submit within 10 days of the receipt of this Memorandum a written statement of his defence and also to state whether he desires to be heard in person.
Shri Subodh Kumar Barua is further informed that an inquiry will be held only in respect of those articles of charge as are not admitted. He should, therefore, specifically admit or deny each article of charge.
Shri Subodh Kumar Barua is further informed that if he does not submit his written statement of defence on or before the date specified in second para above, or does not appear in person before the inquiry authority or otherwise fails or refuses to comply with the provisions of CCS (CCA) Rules 1965 or the orders / directions issued in pursuance of the said Rule, the inquiry authority may hold the inquiry against him ex-party.
Attention of Shri Subodh Kumar Barua is invited to Rule 20 of CCS (Conduct) Rules 1964 under which no Government servant shall bring or attempt to bring any political or outside influence upon any superior authority to further his interest in respect of matters pertaining to his service under the Government. If any representation is received on his behalf from another person in respect of any matter dealt with in these proceedings, it will be presumed that Shri Subodh Kumar Barua is aware of such a representation and that it has been made at his instance and action may be taken against him for violation of Rule 20. The receipt of the memorandum may be acknowledged.
-sd-
Director AIIH & P.H., Kolkata Digitally signed by Utkarsh Jha DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 14 O.A. No. 350/903/2023 & O.A. No. 350/178/2025 To Shri Subodh Kumar Barua, Data Entry Operator, UHU&TC, Chetla AIIH&PH, Kolkata through O.C, UHU&TC, Chetla Annexure-I
1) Shri Subodh Kumar Barua has acquired his original certificate of Secondary School Examination from Bihar School Examination Board in 1995, vide Roll Code 09182 Roll No. 0056, by fraudulent means by suppression of information and giving misinformation to the Bihar School Examination Board by getting enrolled as a regular student of Lalu Prasad High School, Mahuyani, Saran, Bihar which was affiliated to Ramanand High School, while at the same time he was working as a regular employee of the All India Institute of Hygiene and Public Health in Kolkata, which is physically impossible.
2) Shri Subodh Kumar Barua is in possession of two certificates from Bihar School Examination Board of the year of 1995 which needs explanation by Shri Barua.
3) Shri Subodh Kumar Barua had not submitted, in this office, the original or attested xerox of the permission letter for taking admission in DBT Infotech for certificate course in Data entry operation on PC.
4) Shri Subodh Kumar Barua has acquired his appointment as Junior Computor, w.e.f. 15-03-2001 on the basis of the qualifications as specified in the first para as above, and therefore his appointment as Junior Computor in All India Institute of Hygiene and Public Health, Kolkata becomes invalid ab initio due to the reasons as mentioned in para 1 as above.
Director AIIH & P.H., Kolkata Annexure-II Digitally signed by Utkarsh Jha DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 15 O.A. No. 350/903/2023 & O.A. No. 350/178/2025
1) As per records received that Shri Subodh Kumar Barua appeared the Secondary School Examination from Bihar School Examination Board in the year of 1995 and submitted a photo copy of Identity Card, Mark Sheet and Certificate for the same to this Institute. (Exhibit No. 1, 2, 3 a and 3 b)
2) As per Bihar School Examination Board Regulation, 1964, a regular candidate is supposed to take admission in a school and attend the classes in the school regularly.
(Exhibit No. 4 a and 4 b)
3) Shri Subodh Kumar Barua, in view of Bihar School Examination Board Regulation, 1964 as noted above, neither fulfils the condition of being a regular candidate nor the condition of being a private candidate, since he joined in AIIH&PH, Kolkata on 01-06-1984 and continuing till now. Since by virtue of his service in AIIH&PH, Kolkata he is domicile of West Bengal and hence legally he is neither eligible as a Regular Candidate nor as a private candidate. (Exhibit No. 4 a and 4 b) and this shows that he acquired the Certificate in Illegal and fraudulent manner for his personal gain
4) As is indicated in the copy of the Identity Card submitted by Shri Subodh Kumar Barua, it is evident that he appeared in the examination as a regular candidate. (Exhibit No. 1)
5) As indicated in letter no. SP-145 dated 29.12.2021 by the Secretary, Bihar School Examination Board and its English translation, it is evident and proved beyond doubt that Shri Subodh Kumar Barua got enrolled as a regular student of Lalu Prasad High School, Mahuyani, Saran, Bihar which was affiliated to Ramanand High School, and the above mentioned school sent him as a regular student for Secondary School Examination 1995 (old course) vide identity card no. E-156564, Roll Code 09182, Roll no. 0056 under Bihar School Examination Board. The Secretary, Bihar School Examination Board in his above letter also clarified that Shri Subodh Kumar Barua was sent up for the Secondary School Examination 1995 (old course) in accordance to the Rule in para 2 (a) of Chapter - IV of Bihar School Examination Board Digitally signed by Utkarsh Jha DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 16 O.A. No. 350/903/2023 & O.A. No. 350/178/2025 Regulation, 1964. Accordingly it implies that Shri Subodh Kumar Barua attended regular course of study in Lalu Prasad High School, Mahuyani, Saran, Bihar as is clarified in the para 4 (ii) of letter no. SP -145 dated 29.12.2021 (Exhibit No. 7 a and 7 b).
6) As indicated in the para 5 as above, it is evident that he appeared in Secondary School Examination and acquired the Certificate in illegal and fraudulent manner, since: from the documents mentioned in above paras it is evident that he passed Secondary School Examination 1995 (old course) as a regular student of Lalu Prasad High School, Mahuyani, Saran, Bihar which was affiliated to Ramanand High School. (Exhibit No. 1, 2, 3 a and 3 b, 7 a and 7 b).
7) It appears from record that Shri Barua obtained the permission from the Director, AIIH&PH, Kolkata for appearing in examination vide this office order No.A.8-32/89 dated 04-01-1994. From 15-05-95 to 30-05-1995 Shri Barua took E.L as is evident from the attendance sheet. From the above it is not clear whether he had taken the above mentioned of E.L. for appearing in preliminary Test Examination from his School in Bihar or for appearing in Bihar School Examination Board. (Exhibit No. 5 & 6).
8) In spite of repeated reminders Shri Subodh Kumar Barua had not submitted, in this office, the original or attested xerox of the permission letter for taking admission in DBT Infotech for certificate course in Data entry operation on PC.
9) It appears from the records that Shri Subodh Kumar Barua is in possession of two certificates from Bihar School Examination Board of the year of 1995 which needs explanation by Shri Barua. (Exhibit No. 3 a and 3 b).
Annexure-III
1. Copy of Identity Card of Secondary School Examination (Exhibit No. 1)
2. Copy of Mark Sheet of Secondary School Examination (Exhibit No. 2)
3. Copy of Certificate of Secondary School Examination (Exhibit No. 3 a and 3 b) Digitally signed by Utkarsh Jha DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 17 O.A. No. 350/903/2023 & O.A. No. 350/178/2025
4. Copy of Rule of Bihar Board under article 22 of Chapter IV of this regulation. (Exhibit No. 4 a and 4 b)
5. Copy of office order No.A.8-32/89 dated 04-01-1995 (Exhibit No. 5)
6. Copy of attendance sheet (Exhibit No. 6)
7. Copy of letter no. SP-145 dated 29.12.2021 by the Secretary, Bihar School Examination Board and its English translation (Exhibit No. 7 a and 7 b) Annexure-IV
1) The Secretary, Bihar School Examination Board, Budh Marg, Budh Vihar, Fraser Road Area, Patna -800 001
2) The Controller of Examinations (Secondary), Bihar School Examination Board, Budh Marg, Budh Vihar, Fraser Road Area, Patna - 800 001
3) Vigilance Officer, Bihar School Examination Board, Budh Marg, Budh Vihar, Fraser Road Area, Patna -800 001"
4.9. During pendency of the disciplinary proceedings, the applicant further filed O.A. No. 350/178/2025 challenging certain interlocutory proceedings/notices issued in connection with the enquiry proceedings, inter alia alleging procedural irregularities in conduct of enquiry including non-supply of original documents for inspection and issuance of notices through the office of the disciplinary authority.
4.10. It is also relevant to note that during the hearing of O.A. No. 350/178/2025, certain aspects relating to the ongoing enquiry proceedings came on record, including issues concerning inspection of original documents and the respondents' treatment of the applicant's provisional and final certificates pertaining to the same Secondary Examination, 1995. The proceedings before the Digitally signed by Utkarsh Jha DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 18 O.A. No. 350/903/2023 & O.A. No. 350/178/2025 Inquiry Officer also reflected that the respondents were seeking to draw distinctions between the said documents despite both relating to the same examination conducted by the Bihar School Examination Board.
4.11. Records further reveal that during the course of enquiry proceedings, notices dated 03.01.2025 (Annexure A/1 to O.A. No. 350/178/2025) and Daily Order Sheet dated 13.02.2025 came to be issued in connection with inspection and production of documents, which thereafter formed subject matter of challenge in O.A. No. 350/178/2025. This Tribunal, while considering the said matter on 14.02.2025, took note of the nature of the ongoing enquiry proceedings and directed filing of affidavits in the matter.
CONTENTIONS OF THE APPLICANT
5. Learned Counsel for the applicant submits that the impugned disciplinary proceedings are wholly unsustainable in law inasmuch as the respondents have travelled beyond the permissible scope of departmental jurisdiction and have proceeded to adjudicate upon the applicability and interpretation of the Regulations of the Bihar School Examination Board despite the fact that the educational qualification obtained by the applicant has never been found to be forged or fabricated by the competent Board itself. 5.1. It is submitted that the applicant had appeared in the Secondary Examination, 1995 pursuant to permission granted by the respondents themselves, vide office order dated 04.01.1995, and, had also availed Earned Leave from 15.05.1995 to 30.05.1995 Digitally signed by Utkarsh Jha DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 19 O.A. No. 350/903/2023 & O.A. No. 350/178/2025 for the said purpose. The qualification so obtained was thereafter accepted by the respondents and formed the basis for the applicant's subsequent appointment/promotion to the post of Junior Computor/Data Entry Operator in the year 2001. 5.2. Learned Counsel further submits that even according to the respondents' own records, the Bihar School Examination Board, vide communication dated 15.10.2020, verified the applicant's examination particulars and, subsequently, vide communication dated 29.12.2021, clarified that the applicant had appeared as a regular candidate. Despite such clarification from the competent examining body itself, the respondents continued with repeated disciplinary proceedings on substantially the same allegations by successively issuing charge sheets dated 07.02.2020, 01.03.2021 and finally the impugned charge memorandum dated 09.12.2022. 5.3. It is argued that a careful reading of the Articles of Charge and Statement of Imputations would reveal that the crux of the allegations is not forgery or fabrication of the educational qualification itself, but rather the respondents' own interpretation that the applicant could not have legally appeared as a regular candidate under the Bihar School Examination Board Regulations while serving in Kolkata. According to the applicant, such adjudication falls wholly outside the scope of departmental disciplinary jurisdiction under the CCS (CCA) Rules. 5.4. Learned Counsel further submits that the respondents were acting pursuant to a reference made by the Central Vigilance Digitally signed by Utkarsh Jha DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 20 O.A. No. 350/903/2023 & O.A. No. 350/178/2025 Commission requiring investigation into the allegations and submission of a report/comments to the Commission. However, despite obtaining clarification from the Bihar School Examination Board, nothing has been brought on record to demonstrate that any investigation report/comments were thereafter submitted back to the Central Vigilance Commission and instead the respondents embarked upon an enlarged and prolonged disciplinary exercise of their own.
5.5. Referring to the proceedings arising in O.A. No. 350/178/2025, Learned Counsel submits that the enquiry proceedings themselves reflected uncertainty regarding the precise nature of allegations sought to be pursued, including confusion sought to be drawn between the applicant's provisional and final certificates relating to the same examination. According to the applicant, the cumulative conduct of the proceedings reflects a roving and unfocused enquiry rather than a clearly identifiable charge of misconduct under the applicable service rules. 5.6. In support of his submissions, Learned Counsel for the applicant has relied upon, inter alia, the judgments in Union of India v. Mahendra Singh [Civil Appeal No. 4807 of 2022], Rati Pal Saro v. Union of India [O.A. No. 1427 of 2000], Ms. Meenu S. Kumar v. Union of India [O.A. No. 4222 of 2014], Tushar Ranjan Mohanty v. Union of India [O.A. No. 2999 of 2016], and Khagendra Nath Pal vs. State of West Bengal & Ors. [(1997) 12 CAL CK 0006], in support of the proposition that disciplinary Digitally signed by Utkarsh Jha DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 21 O.A. No. 350/903/2023 & O.A. No. 350/178/2025 proceedings cannot travel beyond the lawful domain of departmental scrutiny and cannot be sustained on inferential assumptions in absence of legally sustainable proof of misconduct.
CONTENTIONS OF THE RESPONDENTS
6. Per contra, Learned Counsel for the respondents submits that the applicant had acquired the educational qualification and consequential service benefits by suppressing material facts and by appearing as a regular candidate under the Bihar School Examination Board despite being in continuous service under the respondent Institute in Kolkata. It is submitted that the disciplinary proceedings were lawfully initiated on the basis of materials received during vigilance investigation and that the Tribunal ought not to interfere at the stage of charge sheet. 6.1. It is further submitted that the Bihar School Examination Board itself clarified vide communication dated 29.12.2021 that the applicant had appeared as a regular candidate under the Bihar Board Regulations and, therefore, the respondents were justified in examining whether the applicant could legally have pursued regular studies while in service.
6.2. Learned counsel for the respondents further submits that adequacy or correctness of charges cannot ordinarily be examined in judicial review and that disciplinary proceedings should ordinarily be permitted to proceed to their logical conclusion. Digitally signed by Utkarsh Jha DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 22 O.A. No. 350/903/2023 & O.A. No. 350/178/2025 Reliance has been placed upon the judgments in Union of India vs. Upendra Singh, reported in (1994) 3 SCC 357 and Secretary, Ministry of Defence vs. Prabhash Chandra Mirdha, reported in (2012) 11 SCC 565.
6.3. With regard to O.A. No. 350/178/2025, Learned Counsel for the respondents submitted that the enquiry proceedings were being conducted strictly in accordance with the CCS (CCA) Rules and adequate opportunity had been afforded to the applicant for inspection of documents and participation in the enquiry. It was contended that the notices/proceedings challenged therein did not suffer from any illegality warranting interference by this Tribunal at the interlocutory stage.
ANALYSIS
7. We have carefully considered the pleadings on record and the submissions made by both parties.
7.1. At the outset, it is noticed that the genuineness of the educational qualification obtained by the applicant from the Bihar School Examination Board has not been disputed by the Board concerned. On the contrary, records reveal that pursuant to directions issued by this Tribunal in the earlier round of litigation, the respondents themselves sought verification from the Bihar School Examination Board and the Board, vide communication dated 15.10.2020, verified the applicant's examination particulars including roll number, marks obtained, year and division of passing.
Digitally signed by Utkarsh Jha DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 23 O.A. No. 350/903/2023 & O.A. No. 350/178/2025 7.2. The subsequent communication dated 29.12.2021 issued by the Bihar School Examination Board further clarified that the applicant had appeared as a regular candidate in the Annual Secondary Examination, 1995 (Old Course) and that his candidature had been treated by the Board as regular in terms of the Bihar School Examination Board Regulations, 1964. 7.3. A careful reading of the impugned Articles of Charge and Statement of Imputations reveals that the gist of the disciplinary proceedings is not that the educational qualification itself was forged or fabricated. Rather, the respondents have substantially proceeded on the premise that the applicant could not legally or validly have appeared as a regular candidate under the Bihar School Examination Board Regulations while serving in the respondent Institute at Kolkata.
7.4. In the considered view of this Tribunal, the disciplinary jurisdiction of the respondents under the CCS (CCA) Rules is confined to examining whether the conduct of the applicant constitutes misconduct under the applicable service rules. The respondents could not have enlarged the scope of departmental proceedings into an adjudicatory exercise concerning interpretation and application of the internal eligibility norms/regulations of the Bihar School Examination Board.
7.5. Once the Bihar School Examination Board itself verified the applicant's examination particulars and thereafter clarified that the applicant had appeared as a regular candidate under the applicable Digitally signed by Utkarsh Jha DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 24 O.A. No. 350/903/2023 & O.A. No. 350/178/2025 regulations, the respondents could not have proceeded merely on inferential assumptions regarding the permissibility of such candidature under the Bihar Board Regulations without demonstrating any independently identifiable misconduct relatable to the applicable CCS Conduct Rules.
7.6. It is also noted that the respondents were acting pursuant to a reference received from the Central Vigilance Commission (CVC) directing investigation into the matter. The said letter was issued by the CVC in exercise of the powers conferred upon it under Section 8(1)(d) and Section 8(1)(h) of the Central Vigilance Commission Act, 2003. The CVC had directed that an investigation be conducted into the complaint and a detailed investigation report, along with the department's specific comments/recommendations on each allegation, may be submitted to the Commission within 12 weeks of receipt of the aforesaid letter.
7.7. The matter thus originated from a complaint forwarded through the vigilance channel under the 'Whistle Blower' framework.
At this juncture, it is also relevant to note that the respondents themselves have annexed, inter alia, the "Handbook for Inquiry Officers and Disciplinary Authorities, 2013" published by the Institute of Secretariat Training and Management, Department of Personnel & Training, Government of India (Annexure R/10 to O.A. No. 350.903/2023). The 'Chapter 8' thereof, dealing with "Action on Investigation Report", specifically delineates the role of the Central Vigilance Commission in matters involving vigilance angle. Clause 3 thereof reads as follows:
Digitally signed by Utkarsh Jha
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 25 O.A. No. 350/903/2023 & O.A. No. 350/178/2025 "3. What is the role of CVC in making decisions on Preliminary Investigation Reports?
First stage advice of CVC is to be obtained in respect of cases falling under purview of CVC. i.e. following types of cases:
(a) The cases which have been referred by the CVC for report
(b) The cases having vigilance angle and
(c) Pertaining to Group 'A' officer or a group of officers including a Group A officer."
7.8. In the considered view of this Tribunal, the present matter, having admittedly originated from a reference/complaint forwarded by the Central Vigilance Commission and involving allegations perceived by the respondents themselves to possess a vigilance angle, warranted appropriate consideration and reporting at the level contemplated under the aforesaid guidelines. However, apart from initiating and continuing departmental proceedings upon their own interpretation of the Bihar School Examination Board Regulations, nothing substantial has been brought on record to demonstrate that any comprehensive investigation report/comments, as contemplated, were ever forwarded to the CVC before proceeding further in the matter.
7.9. The communication dated 19.09.2019 itself contemplated an investigation into the allegations and submission of a detailed report with specific comments/recommendations. However, instead of confining the enquiry to verification of the allegations and placing the matter before the competent vigilance authorities after obtaining clarification from the Bihar School Examination Board, the Digitally signed by Utkarsh Jha DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 26 O.A. No. 350/903/2023 & O.A. No. 350/178/2025 respondents proceeded to independently adjudicate upon the applicant's eligibility under the Bihar School Examination Board Regulations traversing beyond the proper scope of departmental disciplinary scrutiny.
7.10. In a matter of such complexity involving interpretation of eligibility conditions under regulations of an external examining body, it would have been open to the respondents to seek appropriate clarification or advice from the competent authorities, including the vigilance authorities, based on the clarification received from the Bihar School Examination Board after submitting a detailed report and their comments to the CVC.
7.11. Furthermore, the chronology of events also reflects repeated issuance, withdrawal and re-issuance of charge sheets over several years, culminating in issuance of the impugned Memorandum dated 09.12.2022 even after the Bihar School Examination Board had already furnished the aforesaid clarifications. 7.12. The materials arising from the proceedings in O.A. No. 350/178/2025 also lend support to the applicant's contention regarding the uncertain and shifting nature of the enquiry proceedings. The records reveal disputes regarding inspection of documents and distinctions sought to be drawn between the applicant's provisional and final certificates pertaining to the same examination. Such circumstances further reinforce the impression that the enquiry proceedings had assumed the character of a roving enquiry rather than remaining confined to a clearly identifiable charge of misconduct under the applicable service rules. Digitally signed by Utkarsh Jha
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 27 O.A. No. 350/903/2023 & O.A. No. 350/178/2025 7.13. This Tribunal also finds support from the principles discussed by the Hon'ble Calcutta High Court in Khagendra Nath Pal vs. State of West Bengal & Ors. (supra), wherein the Hon'ble High Court deprecated an attempt by departmental authorities to independently question matters falling within the domain of the competent educational authority itself. In the present case also, despite the Bihar School Examination Board having verified the applicant's examination particulars and clarified his candidature status, the respondents continued to proceed on their own interpretation of the Bihar School Examination Board Regulations while exercising departmental disciplinary jurisdiction. Similar principles concerning fairness and legality of disciplinary proceedings were also discussed in Union of India v. Mahendra Singh (supra), Rati Pal Saro v.
Union of India (supra), Ms. Meenu S. Kumar v. Union of India (supra) and Tushar Ranjan Mohanty v. Union of India (supra). 7.14. Further, the judgments relied upon by the respondents in Union of India vs. Upendra Singh (supra) and Secretary, Ministry of Defence vs. Prabhash Chandra Mirdha (supra) indeed reiterate the limited scope of judicial interference at the stage of disciplinary proceedings. However, the present case stands on a distinguishable footing inasmuch as the interference herein is not premised upon re- appreciation of evidence but upon the foundational issue that the respondents, while exercising disciplinary jurisdiction under the CCS (CCA) Rules, travelled beyond their lawful domain into adjudicating matters falling within the regulatory framework of the Bihar School Examination Board itself.
Digitally signed by Utkarsh Jha DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0 28 O.A. No. 350/903/2023 & O.A. No. 350/178/2025 7.15. In the facts and circumstances discussed hereinabove, this Tribunal is of the considered view that the impugned disciplinary proceedings have travelled beyond the permissible contours of departmental jurisdiction and cannot be sustained in their present form.
CONCLUSION
8. Accordingly, the impugned Major Penalty Charge Sheet dated 09.12.2022 and all proceedings arising therefrom are quashed and set aside.
8.1. Consequently, the proceedings/orders challenged in O.A. No. 350/178/2025, being ancillary to the aforesaid disciplinary proceedings, also stand closed. It is, however, made clear that this order shall not preclude the respondents from taking such action as may be permissible in law on the basis of any independently sustainable material relating to misconduct under the applicable service rules and/or from submitting appropriate report/comments to the Central Vigilance Commission, if so advised and permissible under law.
8.2. Both the Original Applications stand disposed of accordingly. Pending M.A., if any, also stands disposed of. No order as to costs.
(Diwakar Singh) (Anindo Majumdar)
Member (J) Member (A)
UJ
Digitally signed by Utkarsh Jha
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone= a851c6412cda6db52ed568d6ca110c6700616c4ebefeb5b49203412a39d11b0d Utkarsh Jha , PostalCode=700020, S=West Bengal, SERIALNUMBER= 87702d895f8f8d9e54f67b1d9ffc368bb1bac7172b7b88641da0dc7e71dd7d0a, CN=Utkarsh Jha Reason: I am the author of this document Location:
Date: 2026.05.22 14:46:36-07'00' Foxit PDF Reader Version: 2024.3.0