CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH Thursday, this the 8th day of January, 2026.

CORAM:

HON'BLE Mr. JUSTICE SUNIL THOMAS, JUDICIAL MEMBER HON'BLE Mrs. V.RAMA MATHEW, ADMINISTRATIVE MEMBER Fayaz A., aged 46 years, S/o. Late Akbar Khan A., residing at T.C. 11-1159 (2), H.No.40, Watts Lane, Nanthencode, Trivandrum, Kerala – 695 003.

Presently working as Inspector Posts, T V 1^st Sub Divison, T V Division, RMS Trivandrum, 695 001.

-Applicant [By Advocate : Ms. Leela R.

V e r s u s

1. Union of India, Rep. by the Secretary (Posts), Ministry of Communications & IT, Department of Posts, Dak Bhawan, New Delhi – 110 001.

2. The Assistant Director General (DE), Department of Posts, Dak Bhawan, New Delhi – 110 001.

3. The Chief Postmaster General, Kerala Circle, Thiruvananthapuram – 695 033.

-Respondents [By Advocate : Mr. Rajesh Sukumaran K., ACGSC The Original Applications having been heard on 08.01.2026, the Tribunal on the same day delivered the following:

O R D E R (Oral):-

Per: Justice Sunil Thomas, Judicial Member The applicant responded to Annexure A-1 notification dated

20.10.2020 for filling up vacancies to the post of Group B. It seems that the applicant was issued with the memo of charges prior to it on 18.05.2020. Thereafter, the applicant was imposed with the penalty of 'Censure' by Annexure A-4 order dated 02.03.2021. It seems that the results were announced on 01.06.2022 about one year three months after the date of imposition of penalty. The result of the LDCE of the applicant was kept in sealed cover in the light of disciplinary proceeding. Aggreived by the above, the applicant has approached this Tribunal essentially seeking an order directing the respondents to set aside Annexure A-5 to the extent of withholding the name of the applicant in a sealed cover and to pass appropriate orders.

2. Pending the O.A, representation submitted by the applicant was disposed of. O.A was amended to challenge the above said order as Annexure A-11 also.

3. We have heard the learned Counsel for the applicant and the learned ACGSC.

4. Though extensive arguments were advanced by both sides relying on the decision by the CAT, Patna Bench in O.A No. 516/2022, we feel that we need not go into those issues, especially when the Rule position is very clear.

5. Our attention has been drawn to Annexure A-7 dated 05.04.2022 issued by the DoP&T regarding the sealed cover procedure for Limited Departmental Competitive Examination. Clause 5 deals with the consequence of conclusion of proceedings as against the applicant. It deals with the situation wherein the officer/ employee is completely exonerated and cases where penalty is imposed. However, it does not deal with the case of 'Censure'. Hence, the general directions of DoP&T regarding 'Censure'

will come into play.

6. Annexure A-8 is the communication of the Department of Posts touching upon the promotion of Government servants through LDCE against whom disciplinary/ criminal prosecution is pending. The relevant clause 4 reads as follows.

“...4. When penalty is current on the date of declaration of results:– As per prevailing instructions while imposition of penalty does not debar promotion, a Government Servant should not be promoted during currency period of a penalty. Therefore, before declaring results of LDCE, authority concerned shall check whether any penalty has been imposed on any Government servant who had appeared in the LDCE. In cases where penalty has been imposed. action shall be taken with reference to the nature of penalty as under:-

a) Minor Penalty – Censure:– There is no currency period of ‘Censure’. Thus, if penalty of ‘Censure’ has been imposed, results shall be declared and the official may be promoted after figuring in the merit list of LDCE...”

7. The penalty imposed on the applicant is a minor penalty of 'Censure'. By virtue of clause 4(a), there is no currency period of 'Censure' and if the penalty of Censure has been imposed, results shall be declared and the official may be promo