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2026 Supreme(Online)(CAT) 562
CENTRAL ADMINISTRATIVE TRIBUNAL
R.N. Singh, J, Rajinder Kashyap, A
Manmeet Singh Ahluwalia – Appellant
Versus
Union of India – Respondent
O.A. No.1028 of 2024
Important Points
Subject
Administrative Law - Disciplinary Proceedings
Act Referred
Central Civil Service (Conduct) Rules, 1964: S.3(1)(ii), S.3(1)(iii), S.3(1)(xi), S.3(1)(xviii), S.3(1)(xix)
Central Civil Service (Classification, Control and Appeal) Rules, 1965: S.14, S.11
Public Premises (Eviction of Unauthorized Occupants) Act, 1971
Indian Penal Code: S.323, S.341, S.354, S.506, S.509, S.427, S.34
Headnote
(B) Natural Justice - Requirement for impartiality and fair administration in disciplinary proceedings was emphasized; malafide intent and bias of the authorities were evident from the handling of complaints against the officer and their family. (Paras 14, 20)
(C) Administrative Action - Tribunal highlighted that discipline cannot be misused to settle personal scores or for vindictive purposes against employees. (Paras 20, 38)
For the Appellants/Petitioners: Applicant in person
For the Respondents: Shri R.K. Jain
| Table of Content |
|---|
| 1. the applicant's background and context within government service. (Para 1 , 2) |
| 2. claims of manipulation and elder officers' vendetta. (Para 4) |
| 3. consideration of extensive judicial principles regarding disciplinary proceedings. (Para 8 , 9 , 10) |
| 4. analysis of legal sufficiency and handling of charges. (Para 11 , 12 , 13) |
| 5. evaluating discretion and fairness in administrative disciplinary actions. (Para 14 , 15 , 16) |
| 6. court's ruling to quash the charge sheet and impose costs. (Para 20 , 21 , 22) |
ORDER
Hon’ble Mr. Rajinder Kashyap, Member (A):
By filing the present OA under Section 19 of the Administrative Tribunals Act, 1985 , the applicant is seeking the following reliefs:-
"a. To allow this present Application;
b. To quash and set aside the impugned ‘Charge-sheet’ dated 16/08/2022;
c. To accordingly direct the Respondent nos. 1 & 2 to initiate ‘Departmental Action’ against Respondent nos. 3, 4, 5 & 6 & their coterie of vindictive ‘associates’ for their malafide & sinister role in furthering the undue harassment & torture of the Respondent & his dependent family members in the Society while mis-using their ‘Official powers & capacity’ to wreak their ‘personal vendetta’ and blatantly & glaringly violate all ‘rules/ regulations/ norms/ principles’ in this regard.
d. To direct Respondent nos. 1 & 2 to take administrative action against the sham & fake ‘witnesses’ who have given untruthful ‘Statements’ against the Applicant & his family members to Respondent nos. 1, 2, 4, 5 & 6 in order to implicate the Applicant in the Department. That due to their untruthful & mendacious ‘Statements’- Respondent nos. 1 & 2 got an excuse to drag the ‘names & identities’ of the Applicant’s dependent family members in these vindictive & vicious Departmental ‘Disciplinary Proceedings’ instituted against the Applicant.
e. to allow exemplary costs of the Application."
BRIEF FACTS OF THE CASE
2. The applicant is a direct Indian Revenue Service (IRS) Officer (GST & Customs) of 2012 Batch, who has represented the country at several conferences/seminars/symposiums across the world as the applicant worked at the National Committee on Trade Facilitation (NCIF) Secretariat, Directorate General of Export Promotion (DGEP) and World Customs Organization (WCO) Cell of C.B.I.C. from 2016-19.
The applicant had also played a critical role in conceptualizing, framing & finalization of India's first National Trade Facilitation Action Plan (NTFAP) (2017-2020) and was one of its 'three authors' as well and the same was prepared in accordance and in compliance with the 'Articles' of World Trade Organization (WTO) – Trade Facilitation Agreement (TFA), which came in force across the globe in 2017. The applicant was also selected to represent the nation at several seminars/ conferences across the globe with respect to 'issues' related to 'Ease of doing Business & Trade Facilitation' and 'International Trade & Customs' such as :
(i) U.S.A. (Pacific Northwest National Laboratory, Department of Energy, Richmond, Washington);
(ii) U.K. (His Majesty 's Revenue & Customs Council H.M.R.C.);
(iii) E.U. (European Union) & Belgium (World Customs Organization, -WCO)
(iv) Thailand (Asian Development Bank (A.D.B. ), Bangkok);
(v) South Korea (Customs Co-operation Council for Asia Pacific Countries at Cheonan & Seoul City) etc.
2.1 It is further stated that the applicant has always been appreciated by the heads of these various Customs/ bilateral & multilateral formations & organizations; each time the applicant was selected to represent the country at such Trade related forums/ conferences.
2.2 It is also stated that the applicant while discharging the duties of Deputy Commissioner (in short 'DC') in Central Board of Indirect Tax and Customs (in short 'CBIC') was allotted the Quarter No. A-2/D, Vatika Apartments, Mayapuri, New Delhi wherein he along with his dependent family members (senior-citizen parents, widow sister and her minor daughter) was residing.
2.3 It is stated by the
