No automatic stay of disciplinary proceedings on OA admission; liberty to challenge final penalty order.

ORDER

Per : Hon’ble Mr. Umesh Gajankush, Member (J)

In the present OA, the applicant is challenging the major penalty charge sheet dated 26.02.2019 (Annexure A/1) seeking a declaration that the same has lapsed.

2. The brief facts in support of the claim of the applicant is as under :

The Applicant while working as Deputy Commissioner of Customs, Mundra, Gujarat, a case, i.e. RC No.0292017 A0010 dated 18.09.2017 was registered against him by the CBI, ACB, Gandhinagar under Section 120-B of IPC read with sections 7 & 11 of Prevention of Corruption Act, 1988.

Considering that pending investigation relates to the CBI case and the applicant has reportedly absconding, the competent authority i.e. the President placed the applicant under suspension with immediate effect by exercising power under Sub-rule (1) of Rule 10 of the CCS (CCA) Rules 1965 vide impugned order dated 29th September, 2017.

Thereafter, the Applicant was arrested on 27.09.2017 and was remanded to police custody till 03.10.2017. Therefore, the Respondent No.1 placed the Applicant under deemed suspension from the date of his arrest/detention by the CBI, i.e., 27.09.2017 in terms of Rule 10(2)(a) of CCS (CCA) Rules, 1965 vide impugned order dated 27.10.2017 (Annexure A/8).

The Applicant was released on bail on 08/12/2017. The suspension of the Applicant had been extended from time to time by the Respondent vide orders dated 21.12.2017, 18.06.2018, 17.06.2019, 10.12.2019, 11.06.2020 and order dated 18.12.2020 (Annexure A/1 to A/6). The said orders are also impugned in the present OA.

It is stated that Applicant was issued a major penalty charge sheet under Rule 14 of CCS (CCA) Rules, 1965 dated 26.02.2019 (Annexure A/9). Since the charge sheet was issued beyond the time limit of 90 days of his initial suspension, he had submitted representation dated 07.05.2019 (Annexure A/10) followed by another representation requesting the Disciplinary Authority to revoke his suspension. However, the said representation of the Applicant was rejected by the Respondent vide letter dated 01.01.2020 (Annexure A/11).

Being aggrieved by the continuation of suspension after 90 days from the initial suspension order dated 29.09.2017 the Applicant has filed OA.

3. Challenging the same, the applicant has filed OA No.503/2020 which was decided vide order dated 21.01.2022 (Annexure A/2) and this Tribunal partly allowed the said OA by quashing the suspension order. Thereafter, OA No.383/2021 was filed by the applicant challenging the charge memo dated 26.02.2019, which was disposed of by this Tribunal vide its order dated 27.04.2022 directing the competent authority to conclude the pending departmental inquiry initiated against the applicant within a period of six months. The order dated 21.01.2022 passed in OA No.503/2020 was challenged by the Official Respondents before the Hon’ble High Court of Gujarat in SCA No.6087/2022 and the Hon’ble High Court vide its order dated 26.08.2022 directed the respondents to complete the departmental proceedings initiated against the applicant within a period of three months from the date of receipt of a copy of the said order.

4. In the present OA, challenging the impugned charge sheet dated 26.02.2019 (Annexure A/1), various grounds have been taken by the applicant for its quashing.

5. The Official Respondents, after issuance of notice, filed their reply and contested the claim of the applicant and justified their action.

6. Thereafter, rejoinder was also filed by the applicant to which sur-rejoinder was also filed on behalf of the respondents.

7. During pending of the present OA, learned counsel for the re