Charge memorandum quashed at issuance stage for lacking witness list, violating prior judicial stay, using sub-judice material prejudicing criminal defence, and evidencing malice/retaliation amid litigation.

O R D E R Hon’ble Mr. RajinderKashyap, Member (A):

By filing the instant OA under Section 19 of the Administrative Tribunals Act, 1985, the applicant is seeking the following prayers:-

"a) Quash and set aside the impugned Charge Memorandum No.

30/2025 dated 18.08.2025 issued to the Applicant;

b) Restrain the Respondents from proceeding further in pursuance of the impugned Charge Memorandum dated 18.08.2025 during the pendency of the present Original Application;

c) Pass any other or further order(s) as this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case and in the interest of justice."

FACTS OF THE CASE

2. The applicant is an Indian Revenue Service (IRS) Officer and currently posted as Additional Commissioner under the Ministry of Finance, Revenue Department. Prior to the present posting, he was the Zonal Director, Narcotics Control Bureau, Mumbai, Maharashtra. The applicant, an IRS Officer, is in the Government service since past 18 years and throughout the tenure of his service, he has been instrumental in curbing the menace of illegal activities and exposing and catching hold of criminals involved in smuggling and illegal procurement and sale of narcotic drugs and psychotropic substances. The applicant claims that he had received many awards and accolades while serving various departments, some of them are as under:

Sl. Details of Certificate/Commendations/

Year Given by No. Appreciations/Medals Commendable performance in surpassing the Commissioner of

1 2013 original revenue target by a comfortable margin Customs, CSI and realizing 727 crores against the target of Rs. Airport, Mumbai

2.1 The applicant during his tenure as Zonal Director of the Narcotic Control Bureau busted various drug rackets and gangs who were operating the drug-selling rackets throughout the region of Maharashtra and Goa. He had meticulously busted the menace of narcotic drugs and honestly carried out his duties to curb the abuse of narcotic drugs. He has also solved various high profile cases wherein influential persons were involved for the offences under the Narcotic Drugs and Psychotropic Substances Act. The continuous onslaught by the applicant on the drug traffickers and gangs involved in the procurement of drugs has led to the applicant, being unfairly targeted, by the political bosses of the said drug mafia.

2.2 The applicant's hard work in due performance of his duties had been duly recognized and he had been conferred with honours. Thus he had not only meticulously performed his duties as an honest officer, but the same has also been recognized and conferred honours for the same from time to time.

2.3 The applicant has served in various National Agencies, like IB, NIA, DRI, Customs and NCB, which was on loan basis in August 2020 and had supervised many drugs related cases including case of late actor Sushant Singh Rajput and was awarded by the Hon'ble Union Home Minister for excellence in investigation in August 2021. In February, 2021, NCB, Mumbai had arrested one Shri Sameer Khan in '189 kg Ganja' case. Shri Sameer Khan was the son- in-law of ex-Cabinet Minister of Maharashtra and was released on bail in September, 2021. Immediately after that, Shri Aryan Khan, son of the actor Shri Shahrukh Khan, was arrested in the notorious Cordelia Cruzdrug bust along with 19 others. Shri Nawab Malik then grabbed the opportunity to take revenge and started defaming, putting false