CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE BENCH, BENGALURU ORIGINAL APPLICATION NO.170/00433/2024 ORDER RESERVED ON: 08.12.2025 DATE OF ORDER: 18.12.2025 CORAM:

HON’BLE MR. JUSTICE B.K. SHRIVASTAVA ..MEMBER (J) HON’BLE MR. SANTOSH MEHRA ..MEMBER(A)

1. N. Gangadhara S/o Late Shri Janappa Bhandary Group B, Age 66 years, Retired EO/AO, EPFO, Residing at #MIG-548, (Flats) Kaveri Apartments, Sharadadevi Nagar, Mysore, 570033 ……Applicant (By Advocate, Shri Narayana Kamma)

Vs.

1. Union Of India, Through, Secretary Government of India, Ministry of Labour and Employment, Shram Shram Shakti Bhavan, Rafi Marg, New Delhi, 110 001

2. Central Provident Fund Commissioner, Employees Provident Fund Organisation Hqrs, Tower 2, NBCC, Ansarinagar, East Kidwai Nagar, New Delhi, 110 023 …..Respondents (By Advocate, Smt. Shwetha Anand for Respondent No. 2, Respondent No. 1- ex-parte)

O R D E R Per: Hon’ble Shri Santosh Mehra ……Member (A)

Through this OA, the applicant has sought the following reliefs:

a. Call for the file/records relating to the Disciplinary proceeding from the Respondents 1 and 2 wherein the reports of the Inquiry authority have been processed and orders passed.

b. Set aside the disagreement note dated 31.08.2021 c. Set aside the penalty order dated 30.03.2022 d. Direct the respondents to grant all consequential benefits e. Any other order/direction/relief that the Honourable Tribunal deems fit.

2. The facts in a nutshell are as follows:

The Applicant joined the Employees Provident Fund Organisation on 21.04.1983 as Lower Division Clerk and was promoted as Enforcement Officer/Accounts Officer on May 2016. He received Memorandum of Charge vide No. Vig IX(03)2016/593 dated 03.07.2017. He retired on superannuation from service on 31.05.2018. The Inquiry Officer submitted his report on 22.10.2018. The applicant received Memorandum No. Vig IX(03)2016/3591 dated 03.05.2019 informing him that the Disciplinary Authority held that both charges levelled upon the Charged Officer as proved and the applicant was given an opportunity to make a representation within 15 days. Thereafter, the Applicant received Memorandum F.No.C-11025/05/2021-SS-I dated 31.08.2021 digitally signed in the name of the President, disagreeing with findings of the Inquiry Officer in respect of both the Articles of Charges and the Competent Authority, holding both the Articles of Charges proved and that the Competent Authority had taken a tentative view to impose a penalty of “A cut in pension at the rate of 30% for a period of 7 years.” The Applicant submitted a representation dated 04.10.2021 against the Disagreement Memorandum dated 31.08.2021 whereupon he received Penalty Order No. C-11025/05/2021-SS-I dated 30.03.2022 of the Disciplinary Authority imposing a penalty of “A cut in the pension at the rate of 30% for a period of 7 years.” The Applicant, submitted an Appeal Petition and thereafter a Review Petition against the Order made by the President under Rule 8(8) of CCS Pension Rules and also sent repeated reminders. As he has not received any relief/reply, he has approached this Bench through this OA.

3. The Learned Counsel for Applicant submits that the Applicant joined the Employees Provident Fund Organisation (EPFO) on 21.04.1983 as Lower Clerk and was promoted to the post of Enforcement Officer/Accounts Officer on 13.07.2012. He retired on superannuation on 31.05.2018. He submits that he received Memorandum No. Vig. IX(03)2016/593 dated 03.07.2017, initiating major penalty proceedings against him under Rule 10 of the EPF Staff (Classification, Control and Appeal) Rules, 1971 for alleged misconduct. The Charges against him were as follows:

Article -1 That Shri. N. Gangadhara, while working as Accounts Officer, in Regional Office, Mysore rejected Form-31, an advance application of Shri C.P. (KN/MYS/36259/627) an employee of M/s NSL Sugars Ltd, Koppa, Maddur Taluk, Mandya District Karnataka on 04.07.2016 with the reason that certificate enclosed is improper. The advance ap