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2026 Supreme(Online)(CAT) 1550

CENTRAL ADMINISTRATIVE TRIBUNAL
Anindo Majumdar, Administrative Member, Diwakar Singh, Judicial Member
Bindhyachal Ram – Appellant
Versus
Union of India – Respondent
O.A. 350/00630/2021|O.A. No. 1227 of 2011

Advocates:
For the Applicant: Mr. J.R. Das, Mr. Arpa Chakraborty, Mr. S. Roy
For the Respondents: Ms. D. Nag

Dropping chargesheet procedurally to hold enquiry under Rule 16(1A) permits fresh proceedings on same charges; Tribunal review limited to perversity, upholds penalty despite injuries as lapses proven.

Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - CCS (CCA) Rules, 1965 - Rule 16, 16(1A), 14(3)-(23) - CCS (Conduct) Rules, 1964 - Rules 3(1)(ii), 3(1)(iii), 3(2)(i) - Postal Manual Vol-VI Part-III - Rules 12, 31, 40, 42, 84, 101, 102 - Disciplinary proceedings - Tribunal directed Disciplinary Authority to apply mind to observations on vagueness of charges and decide whether to proceed or drop chargesheet, mandating enquiry with full opportunity to defend if proceeding - Authority dropped initial chargesheet under Rule 16 not on merits but to conduct enquiry under Rule 16(1A), then issued fresh chargesheet on same charges - Held: Fresh chargesheet valid as prior dropping procedural, not on merits; enquiry conducted with opportunity provided; minor penalty of recovery imposed after reasoned analysis - No legal infirmity despite injuries sustained resisting dacoity, as lapses in cash handling predated incident - Scope of judicial review limited; cannot substitute view or assess penalty adequacy unless perverse. (Paras 7, 10, 11, 17-20)

(B) Disciplinary Proceedings - Scope of review - Tribunal cannot act as appellate authority; interferes only if findings arbitrary/perverse or natural justice violated - Penalty imposition within Disciplinary Authority's discretion if enquiry rule-compliant; heroism post-lapse does not legally negate prior negligence. (Paras 17, 19)

Facts of the case:
Retired postal employee faced disciplinary action for retaining excess cash beyond limits, not using safe, and procedural lapses before dacoity at sub post office where he resisted robbers, sustaining injuries. Initial chargesheet critiqued as vague; Tribunal directed mindful decision. Authority dropped it procedurally, issued fresh under Rule 16(1A), held enquiry, imposed recovery penalty upheld on appeal.

Findings of Court:
Disciplinary proceedings followed rules; fresh chargesheet lawful; enquiry fair; penalty reasoned, considering but not bound by injuries; appellate order speaking. No ground to interfere.

Issues: Validity of fresh chargesheet on same charges after procedural dropping; compliance with prior Tribunal directions; adequacy of enquiry and penalty considering injuries; scope of Tribunal review.

Ratio Decidendi: Dropping chargesheet to enable full enquiry under Rule 16(1A) does not bar fresh proceedings on same charges; Tribunal review confined to perversity/illegality, not penalty review absent mala fides.

Result: Original Application dismissed.

Table of Content
1. summary of procedural history and disciplinary timeline. (Para 1 , 2)
2. applicant's challenge to fresh chargesheet validity. (Para 4)
3. respondents defend procedural compliance and responsibility. (Para 5)
4. prior tribunal order required mindful decision on proceeding. (Para 6 , 7 , 8)
5. dropping chargesheet procedurally permits fresh inquiry. (Para 9 , 10 , 11)
6. enquiry conducted with opportunity; appeal rejected. (Para 12 , 13 , 14 , 15 , 16)
7. limited judicial review of disciplinary findings. (Para 17 , 18)
8. no infirmity in penalty despite injuries; oa dismissed. (Para 19 , 20 , 21 , 22)

ORDER

Per: Mr. Anindo Majumdar, Administrative Member:

The applicant has approached this Tribunal under Section 19 of the Administrative Tribunal Act, 1985 praying for the following relief(s):

“i) An order directing the respondents to comply with the Hon'ble Tribunal order dated 13.06.2013 in its true letter and spirit.

ii) An order directing the respondents to cancel, withdraw or delete the lower portion of order/letter dated 04.04.2014 "in order to give fullest opportunity to Shri Ram to participate & defend as per Rule 16 (A-A) of CCS (CCA) Rules 1965 in an inquiry have to be made in the manner laid down in sub-rules (3) to (23) of Rule-14".

iii) An order directing the respondents to cancel and/or rescind, withdraw or set aside the impugned charge sheet dated 09.04.2014 issued by the Respondent No. 4 herein issued without due application of mind and also being in contradiction to Hon'ble Tribunal;

iv) An order directing the respondents to cancel, rescind, withdraw or set aside the purported Inquiry Report, Inquiry proceedings dated 11.09.2015, 22.07.2015 DA punishment order dated 30.06.2016, corrigendum dated 18.07.2016 Appellate order dated 22.02.2021 and refund the entire amount recovered with due interest thereon in the interest of justice;

v) An order directing the respondents to produce entire records of the case with copy to the Ld. Advocate appearing for the applicant for conscionable justice.

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

2. The facts of the case are summarised below:

2.1 The applicant is at present a retired employee of the Department of Posts. He had retired from service on superannuation on 31.07.2018.

2.2 A disciplinary proceeding had been initiated against the applicant, vide Memorandum dated 01.11.2011 under Rule 16 of the CCS (CCA) Rules, 1965.

2.3 The applicant had filed an Original Application being O.A. No. 1227 of 2011. The said Original Application was disposed of by this Tribunal, vide order dated 13.06.2013 (Annexure A-9) with the following directions:

“10. In such view of the matter, although we do not propose to quash the chargesheet itsell, we direct the Disciplinary Authority that before proceeding with the chargesheet it should apply its mind on the observations made at paragraphs 6-7 & 9 hereinabove and to take a conscious decision whether to proceed with the chargesheet or to drop the same and in case they wish to proceed, the authority should hold an enquiry giving fullest opportunity to the applicant to participate and defend himself.

Accordingly the O.A. Is disposed of. No costs.

2.4 Pursuant to the above directions of this Tribunal, the Superintendent of Post Office, South Presidency Division, Baruipur had, vide his order dated 04.04.2014, (Annexure A10) dropped the charge sheet memorandum dated 01.11.2011, issued to the applicant with a view to conduct a departmental inquiry and to give fullest opportunity to the applicant to participate in the same and to defend himself.

2.5 A fresh disciplinary proceeding, was initiated under Rule 16 (1A) of the CCS (CCA) Rules, 1965 against the applicant, vide Memorandum dated 09.04.14 (Annexure A-11).

2.6 The disciplinary authority, namely the Superintendent of Post Office, South Presidency Division, Baruipur had, vide his order dated 30.6.2016, (Annexure A13) imposed the penalty of recove

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2026 Supreme(Online)(CAT) 1550

CENTRAL ADMINISTRATIVE TRIBUNALAnindo Majumdar, Administrative Member, Diwakar Singh, Judicial MemberBindhyachal Ram – AppellantVersusUnion of India – RespondentO.A. 350/00630/2021|O.A. No. 1227 of 2011

Dropping chargesheet procedurally to hold enquiry under Rule 16(1A) permits fresh proceedings on same charges; Tribunal review limited to perversity, upholds penalty despite injuries as lapses proven.

Cases Referred (1)

CENTRAL ADMINISTRATIVE TRIBUNAL
Anindo Majumdar, Administrative Member, Diwakar Singh, Judicial Member
Bindhyachal Ram – Appellant
Versus
Union of India – Respondent
O.A. 350/00630/2021|O.A. No. 1227 of 2011