CENTRAL ADMINISTRATIVE TRIBUNAL AHMEDABAD BENCH Dated this the 13th day of January, 2026 Reserved On: 10.12.2025 Pronounced On:13.01.2026 CORAM:

Hon’ble Shri Jayesh V Bhairavia, Member (J)

Hon’ble Dr. Hukum Singh Meena, Member (A)

1. Shri Sanjay Bisht Son of Shri Santan Singh Bisht, Aged 59 years, Serving as Regional Provident Fund Commissioner –I in the office of the respondents, Residing at Flat No. A-406, Sumey Apartments, Navrangpura, Ahmedabad – 380013.

.....Applicant (By Advocate Mr. M.S. Trivedi)

Versus

1. The Union of India through The Chairman, Central Board of Trustees, Employees Provident Fund, (Ministry of Labour and Employment, Govt. of India), Employees Provident Fund Head Office, Shram Shakti Bhavan, New Delhi – 110001.

2. The Central Provident Fund Commissioner, O/o CPFC, Employees Provident Fund Head Office, Bhavishyanidhi Bhavan, Bhikhaji Cama Place, New Delhi – 110066.

3. The Regional Provident Fund Commissioner O/o RPFC, Gujarat Circle, Bhavishyanidhi Bhavan, Nr. Income Tax Circle, Navrangpura, Ahmedabad – 380009.

………………....Respondents (By Advocate: Mr. A.V. Nair)

O R D E R

Per : Hon’ble Dr.Hukum Singh Meena, Member (A)

1. In the instant OA, the applicant being aggrieved with Charge Memorandum dated 08.11.2024 issued under Rule – 12 of EPF Staff (CCA) Rules, 1971 whereby it was alleged that the applicant delayed in processing the file related to filing of Writ Petition against the CAT Order dated 20.04.2017 within admissible time, has filed the present OA under Section 19 of the Administrative Tribunals Act, 1985 seeking following reliefs:-

“8. RELIEFS SOUGHT:

The applicant, therefore, pray as under :-

(a) That the Hon'ble Tribunal be pleased to allow this application.

(b) That the Hon'ble Tribunal further be pleased to hold / declare that impugned ex- facie, illegal, predetermined, malafide exercise of power on the part of the respondents regarding issuance of memorandum no. AVS-1212/9/2021-DAR/E-41346/626, dtd. 8/11/2024, issued by the respondents, regarding proposed action against the applicant under Rule-12 of EPF Staff (CC & A) Rules, 1971 for alleged lapses on the part of the applicant of year 2019 is malafide exercise on the part of the respondents and is suffers from due and proper application of mind and is non-est in the eyes of law.

(c) That the Hon’ble Tribunal further be pleased to quash and set aside impugned ex-facie, illegal, predetermined, malafide exercise of power on the part of the respondents regarding issuance of memorandum No. AVS-1212/9/2021-DAR/E-41346/626, dtd.

8/11/2024, issued by the respondents, regarding proposed action against the applicant under Rule-12 of EPF Staff (CC & A) Rules, 1971 for alleged lapses on the part of the applicant of year 2019.

(d) Any other order or direction deemed fit and proper in the facts and circumstances of the case may also kindly be issued in favour of the applicant.

(e) Costs of the Original Application be allowed in favour of the applicant.”

2. Brief facts of the case are as under:-

2.1 It was submitted that the applicant after getting selected through UPSC joined the Employees Provident Fund Organization (EPFO) as Assistant Provident Fund Commissioner on 26.03.1999; subsequently he was promoted to the post of Regional PF Commissioner II on 08.01.2004 and further promoted to the post of Regional PF Commissioner-I on 22.06.2015.

2.2 The applicant was served with Memorandum No. HRM-II/C- 1(33)2013/8233 dated 18.10.2019 by the Additional, Central PF Commissioner (HRM) whereby the applicant was directed to submit his explanation for inordinate delay of about 20 months in submitting the file of court case matter with respect to Shri. S.K. Bhargava, RPFC- I (Retd.) wherein, the Jaipur Bench, CAT vide order dated 20.04.2017 in O.A. No. 663/2013 set aside the impugned Charge Memorandum therein dated 24.09.2010. The EPFO Headquarters decided to challenge the same by way of filing Writ Petition before the Hon’ble High Court of Rajasthan, Jaipur and the file in this regard wa