CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA Date of Hearing: 07.01.2026 Date of Order: 10.02.2026 Coram: Hon’ble Mr. Anindo Majumdar, Administrative Member Hon’ble Mr. Diwakar Singh, Judicial Member In the matter of :

Sib Saday Ray, son of Late Anadi Nath Roy, aged about 59 years, working as Post Graduate Teacher (Maths.), Kendriya Vidyalaya Ballygunge, Ballygunge Maidan Camp, Kolkata- 700019, residing at 19/2A, Central Park, Jadavpur, Kolkata-700032.

......... Applicant -Versus-

1. Union of India through the Secretary to the Govt. of India, Ministry of Human Resource Development, Shastri Bhawan, New Delhi-110001.

2. The Commissioner, Kendriya Vidyalaya Sangathan, (Ministry of HRD, Department of Education, Govt. of India), 18-Institutional Area, Shaheed Jeet Singh Marg, New Delhi-

110016.

3. The Deputy Commissioner, Kendriya Vidyalaya Sangathan, Regional Office Kolkata, EB Block, Sector-I, Laboni, Salt Lake, Kolkata-

700064.

4. The Principal, Kendriya Vidyalaya Ballygunge, Military Camp, Ballygunge Circular Road, Kolkata-

700019.

…….Respondents For The Applicant(s): Mr. S. K. Datta; Counsel For The Respondent(s): Mr. R. N. Bag; Counsel O R D E R Per: Mr. Diwakar Singh, Member (J)

Heard Ld. Counsel on both the sides.

2. The applicant has filed this original application seeking the following relief(s):

“a) An order quashing and/or setting aside the Memorandum of Charge Sheet dated 05.11.2019 including the entire proceedings held thereunder.

b) An order quashing and/or setting aside the Order of Penalty dated 18.01.2020 as well as the Appellate Order dated 12.06.2020.

c) An Order quashing and/or setting aside the Order of the Revising Authority dated 05.11.2020.

d) An order directing the respondents to grant all consequential benefits to the applicant.

e) An order directing the respondents to produce/cause production of all relevant records.

f) Any other order or further order/orders as to this Hon'ble Tribunal may seem fit and proper.”

FACTS OF THE CASE

3. The applicant is working as a Post Graduate Teacher (Mathematics) in Kendriya Vidyalaya, Ballygunge, under the Kendriya Vidyalaya Sangathan. He was served with a Memorandum of Charge dated 05.11.2019 (Annexure A/1) issued under Rule 16 of the CCS (CCA) Rules, 1965, proposing initiation of disciplinary proceedings against him. The said charge memorandum was issued by the Principal of the Vidyalaya, who is arrayed as respondent No.4 herein.

3.1. The applicant submitted his reply to the charge memorandum on 13.11.2019 (Annexure A/2). Thereafter, vide communication dated 28.11.2019 (Annexure A/3) issued by the Principle herself, the applicant was asked to appear in an enquiry on 30.11.2019. On the said date, a so-called “Classroom Observation Report” was prepared by the same Principal, who had issued the charge memorandum. The applicant immediately submitted a representation on 30.11.2019 (Annexure A/5) objecting to the manner in which the proceedings were being conducted. He also submitted further representations on

11.12.2019 and 04.01.2020 (Annexure A/6 collectively).

3.2. Without appointing any Inquiry Officer or Presenting Officer and without following the procedure prescribed under the Rules, the respondent No.4 passed an order dated 18.01.2020 (Annexure A/7) imposing a penalty of withholding of two increments with cumulative effect. The applicant preferred a statutory appeal on 27.01.2020 (Annexure A/8). Subsequently, on 28.01.2020, the applicant was served with a copy of an enquiry report dated 12.12.2019 (Annexure A/9), which had not been supplied prior to the imposition of penalty.

3.3. The Appellate Authority, by order dated 12.06.2020 (Annexure A/10), upheld the penalty but modified it by deleting the cumulative effect. Aggrieved thereby, the applicant approached this Tribunal in O.A. No.350/00468/2020, which was disposed of on 15.07.2020 with liberty to file a revision petition. Pursuant thereto, the applicant filed a revision petition on 20.07.2020 (Annexure A/11). The Revising