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CAT, Lucknow Bench O.A. No. 332/00139 of 2018 Janki Prasad Tiwari Vs. UOI & Ors.

CENTRAL ADMINISTRATIVE TRIBUNAL

LUCKNOW BENCH LUCKNOW

ORIGINAL APPLICATION No. 332/00139 of 2018

Dated, this 4^th day of February, 2026

Hon’ble Mr. Justice Anil Kumar Ojha, Member- Judicial

Hon’ble Mr. Pankaj Kumar, Member-Administrative

Janki Prasad Tiwari, aged about 57 years, son of late B.P. Tiwari, at

present working as Senior Auditor, Office of Controller of Defence

Accounts, Pension Disbursement, Meerut Cant, Residing at House No.

592/522, Vikas Lane, Suhani Khera, Telibagh, Lucknow.

…..Applicant

By Advocate: Shri Sunil Kumar

VERSUS

1. Union of India through the Secretary, Ministry of Defence, New

Delhi.

2. Controller General of Defence Accounts, Ulan Batar Road, Palam,

Delhi Cantt-110010.

3. Principal Controller of Defence Accounts (Central Command)

Cariappa Road, Cantt., Lucknow.

4. Deputy Controller of Defence Accounts (AN), O/o PCDA (CC)

Cariappa Road, Cantt., Lucknow.

…..Respondent

By Advocate: Smt. Prayagmati Gupta

ORDER (ORAL)

Per Hon’ble Mr. Pankaj Kumar, Member-Administrative

In this case relating to charge sheet, the applicant has sought

following reliefs:

“(i) To quash the orders dated 01.02.2018, 03.04.2018 and 03.04.2018

contained in Annexures No. 1, 2 and 3 to this O.A.

(ii) To issue any other direction/order which this Hon’ble Tribunal deems

just and proper.”

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CAT, Lucknow Bench O.A. No. 332/00139 of 2018 Janki Prasad Tiwari Vs. UOI & Ors.

2. The applicant was proceeded against departmentally under rule

14 of the Central Civil services (Classification, Control & Appeal) Rules,

1965 [CCS(CCA) Rules] with the issue of charge sheet dated 01.02.2018

for allegedly assaulting and threatening the Principal Controller of

Defence Accounts (PCDA). The enquiry officer and the presenting officer

were appointed vide orders dated 03.04.2018. Aggrieved, the applicant

has preferred this OA.

3.1 The applicant assailed the charge sheet dated 01.02.2018 as

well as the two separate orders dated 03.04.2018 appointing the

enquiry officer and the presenting officer on the ground that they were

signed by Pritam Dutta, Dy. CDA who was listed as witness in the

criminal case filed on the same set of facts.

3.2 The other contention of the applicant is that the departmental

proceedings and the criminal proceedings are based on identical and

similar set of facts and, therefore, the respondents should await the

decision of the Trial Court so that the defence of the applicant in the

criminal case may not be prejudiced.

4.1 The respondents contend that the respondent no. 4 is the

signing authority in the case who is acting on behalf of the disciplinary

authority appointed vide Presidential Order dated 03.01.2018 and no

prejudice has been caused to the applicant.

4.2 It is also contended that the disciplinary action and the criminal

case are different in nature and the respondents have acted in

accordance the CCS(CCA) Rules.

5. We have heard both the parties.

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CAT, Lucknow Bench O.A. No. 332/00139 of 2018 Janki Prasad Tiwari Vs. UOI & Ors.

6. 1 It is noted that this Tribunal disposed of the applicant’s prayer

for interim relief vide judgment and order dated 03.10.2018 with the

observations and directions extracted below:

“9… Therefore, the above two impugned orders of same date

03.04.2018 w.r.t. appointment of Inquiring Authority and Presenting

Officer can be sustained under law as they nowhere state specifically that

the signatory (Dy. CDA) is the Disciplinary/Inquiring Authority/Presenting

Officer. However, the memorandum dated 01.02.2018 certainly

reads that the signatory proposes to hold inquiry and

unfortunately the signatory is Dy. CDA who cannot hold the inquiry

as Mr. M. Anjaneyulu is the Disciplinary Authority, and he has not

appointed Dy. CDA as Inquiring Authority but Shri Atul Prakash as I.O.

Further, that the Dy. CDA Mr. Dutta is also a Witness and hence interested

party in the FIR filed by Respondent No. 3. This comes in direct conflict

with the principle of “Nemo i