CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH KOLKATA OA 350/1472/2025 Date of Hearing: 22.12.2025 MA 350/1085/2025 Date of Order: 02.01.2026 Coram : Hon’ble Mr. Suchitto Kumar Das, Administrative Member Hon’ble Mr. Diwakar Singh, Judicial Member Mukesh Kumar Yadav, son of Vinod Kumar Yadav, aged about 32 years, Enforcement Officer, Directorate Guwahati of Enforcement, Zonal Office-II, permanently residing at Digdiga, Vishal Khand-I, Gomtinagar, Lucknow, UP 226 010, presently residing at House No. 13, Milanpur, Bamuni Maidan, Guwahati, Assam 781 021 M: 79051 59846 e-mail: mukesh.yadav14@gov.in Post held: Enforcement Officer, Directorate of Enforcement, Guwahati Zonal Office-II (Group "B" post). Applicant …………. -versus

1. The Union of India, service through the Secretary to the Government of India, Ministry of Finance, Department of Revenue, North Block, New Delhi-110001

2. The Director, Directorate of Enforcement, PRAVARTAN BHAWAN, Dr. APJ Abul Kalam Road, New Delhi-110 001

3. The Special Director, Directorate of Enforcement, Eastern Regional Office, Kolkata, CGO Complex, 3rd MSO Building, 6th Floor, DF Block, Salt Lake, Sector-1, Kolkata 700 064 &

Disciplinary Authority

4. Shri Sheeti Kantha Das, Deputy Director, Directorate of Enforcement, Kolkata Zonal Office-1, CGO Complex, 3rd MSO Building, 6th Floor, DF Block, Salt Lake, Sector-1, Kolkata 700

064 & Inquiry Officer …… Respondents For the Applicant : Mr. S. Samanta, Ms. S. Samanta (Counsel)

For the Respondents : Ms. E. Banerjee (Counsel)

O R D E R Per Hon’ble Mr. Suchitto Kumar Das, Administrative Member :

1. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief(s):

“a) An order be passed directing the respondent authorities to keep in abeyance the Departmental Proceedings initiated under Charge Memorandum dated 06.12.2023 pending disposal of the criminal proceedings arising out of FIR dated 29.04.2023 resulting in M.L. Case No. 03/2023 before the Special (CBI) Court No. 1, City Sessions Court, Kolkata;

b) An order be passed quashing and/or setting aside the Departmental Proceedings initiated under Charge Memorandum dated 06.12.2023 culminating in the Inquiry Report dated 06.05.2025 and/or the entire enquiry proceeding conducted therein along with the Inquiry Report dated 06.05.2025; c) An order be passed directing the respondent authorities to pay all arrears of subsistence allowance with interest @ 18% p.a.;

d) An order be passed declaring the sharing of Inquiry Report with IO of PMLA and its use in ML Case No. 03/2023 as illegal with such further orders as may commence to this Ld. Tribunal;

e) A direction do issue upon the respondent authorities to produce and/or cause to be produced the entire records of the case and on such production being made to render conscionable justice by passing appropriate orders;

f) Cost and costs incidental hereto;

g) And/or to pass such other or further order or orders as to your Lordships may seem fit and proper.”

2. Facts as narrated by the applicant in his O.A are as follows:

The applicant was placed under suspension in contemplation of initiation of disciplinary proceedings and also for being under investigation under PMLA, 2002. Applicant, while he was posted at Guwahati was issued a show-cause dated 30.08.2023 by the Deputy Director, ED, Eastern Regional Office, Kolkata seeking clarification on alleged involvement in illegal activities in connection with an investigation for offence of money laundering initiated against one Sukumar Kamilya and others by the Directorate in April 2023. The applicant, by e-mail dated 13.10.2023, denied any wrongdoing/involvement and submitted that he was a victim of conspiracy and false case has been foisted upon him under PMLA. Applicant was thereafter served a charge memorandum dated 06.12.2023. The said charge memorandum under Rule 14 of the CCS (CCA) Rules, 1965 contained 4 (four) Articles of Charges of forged summons, unauthorized sear