(Reserved on 09.12.2025)

Central Administrative Tribunal, Allahabad Bench, Allahabad This the _09^th_day of January, 2026 HON’BLE MR. RAJNISH KUMAR RAI, MEMBER-J.

HON’BLE MS. MANJU PANDEY, MEMBER-A.

Original Application No. 693 of 2024 (U/S 19, Administrative Tribunal Act, 1985)

Kanhaiya Lal, son of Shiv Gulam, Executive Engineer (Valuation Officer) Income Tax Department, 38 Mahatma Gandhi Marg, Prayagraj.

……….. Applicant.

By Advocate: Mr. A.K. Pandey.

Versus

1. Union of India through Secretary, Ministry of Housing and Urban Affairs, New Delhi.

2. The Director General, Central Public Works Department, Nirman Bhawan, New Delhi.

3. The Secretary, Union Public Service Commission, New Delhi.

4. Shri Komalakanta Pradhan, SE(V)-V and (Inquiry) CPWD Vigilance Unit, New Delhi.

……….. Respondents By Advocate: Mr. M.K. Sharma.

Order By Hon’ble Mr. Rajnish Kumar Rai, Member (Judicial)

The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, seeking quashing of the impugned order dated 08.04.2024 and consequential directions for restoration of pay, service benefits and consideration for promotion. The applicant seeks the following reliefs:-

“8.1. Issue an appropriate order or direction in the nature of certiorari quashing/setting aside the impugned order dated 08.04.2024 passed by the respondent No. 1 (Annexure No. “A-1” to the Compilation No. I to this Original Application).

8.2. Issue a further order or direction of appropriate nature directing the official respondents not to deprive the petitioner applicant from any promotional or financial benefits on the basis of impugned order so passed against him.

8.3. Award the exemplary cost in favour of the applicant against official respondents for not passing any order upon the application of the applicant.

8.4. And/or may pass such other and further suitable order which this Hon’ble Tribunal may deem fit and consider proper under the circumstances of the case.”

2. The brief facts of the case are that the applicant, Kanhaiya Lal, son of Shiv Gulam, presently posted as Executive Engineer (Civil) in the Income Tax Department, Prayagraj, was earlier posted at CAPT Project, Bhopal from 12.09.2013 to 26.09.2018. During his tenure, on 09.03.2017, the roof slab of the sports complex building under construction at CAPT Bhopal collapsed. The applicant asserts that the collapse occurred solely due to the contractor’s unauthorized and hurried concreting in absence of CPWD officers, despite written instructions to stop work. It is on record that the Assistant Engineer (Civil) had stopped the work at 5.00 pm on 09.03.2017, but the contractor resumed concreting without informing CPWD staff, which led to the collapse. Subsequent vigilance investigation confirmed that the mishap was due to the contractor’s lapses. Later, the construction agency M/s BCC Developers and Promoters Pvt. Ltd. was blacklisted on 25.04.2019 for such lapses. However, after more than 4½ years, departmental proceedings under Rule 14 of CCS (CCA) Rules, 1965 were initiated against the applicant vide memorandum dated 30.07.2021, alleging irregularities such as non ensuring TPQA inspections, non approval of method statements, and non compliance of GCC safety clauses. The applicant denied all charges, furnished his reply, and pointed out that the CAPT project was subsequently adjudged as one of the best constructions in 2018 and inaugurated by the Hon’ble Home Minister. Despite his detailed representations, the Inquiry Officer submitted a report dated 31.05.2022 holding the charges proved. The matter was referred to UPSC, which vide advice dated 05.01.2024 recommended a major penalty. Acting mechanically on such advice, the Ministry of Housing and Urban Affairs passed the impugned order dated 08.04.2024, imposing the penalty of reduction to a lower stage in the time scale of pay by two stages for two years, with denial of increments during the said period. Being aggrieved by the aforesaid impugned order dated 08.0