Central Administrative Tribunal Principal Bench, New Delhi OA No. 3253/2016 With OA No. 2821/2016 Reserved on: 06.11.2025 Pronounced on: 16.12.2025 Hon’ble Mr. R.N. Singh, Member (J) Hon’ble Mr. B. Anand, Member (A)

OA No. 3253/2016 Rajender Chawla Aged 36 years, Group B Ex-Inspector of Customs & Central Excise C-9/206 Sector -7, Rohini, Delhi-85 … Applicant (By Advocate: Sh. R.K. Shukla)

VERSUS Union of India through

1. The Secretary to the Government of India Ministry of Finance, Department of Revenue North Block, New Delhi-110001

2. The Commissioner of Customs(Preventive)

Office of the Commissioner of Customs NCH, Near IGI Airport, New Delhi-110037

3. The Chief Commissioner (Customs)

Office of the Chief Commissioner of Customs NCH, Near IGI Airport New Delhi-110037. … Respondents (By Advocate: Ms. Ring Baliyan for Sh. Gyanendra Singh)

Rajender Chawla Aged 36 years, Group B Ex-Inspector of Customs & Central Excise C-9/206 Sector -7, Rohini, Delhi-85 … Applicant (By Advocate: Sh. R.K. Shukla)

VERSUS Union of India through

1. The Secretary to the Government of India Ministry of Finance, Department of Revenue North Block, New Delhi-110001

2. The Commissioner of Customs(Preventive)

Office of the Commissioner of Customs NCH, Near IGI Airport, New Delhi-110037

3. The Chief Commissioner (Customs)

Office of the Chief Commissioner of Customs NCH, Near IGI Airport New Delhi-110037. … Respondents (By Advocate: Ms. Ring Baliyan for Sh. Gyanendra Singh)

O R D E R Hon’ble Mr. R.N. Singh, Member (J)

Both the captioned Original Applications (OAs) have been filed by the same original applicant and certain factual matrix of these two cases is common. In this background, with the consent of the learned counsels for the parties, these OAs have been heard together and are being decided by the present common order.

2. Undisputed brief facts of the case as derived from the pleadings on record are that the applicant joined the services under the respondents as Inspector of Central Excise at Delhi on 12.09.2005. Later, he was transferred to Panchkula, Haryana, being the part of Delhi circle. On 26.06.2007, he was arrested in a case registered by the CBI under Section 7, 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988. As the applicant remained in custody and released on bail after 48 hours, he was placed under deemed suspension with effect from 26.06.2007 vide order dated 29.06.2007. Later, in the year 2010, the applicant was reinstated into service. On 14.12.2012, he was convicted by the Learned Special CBI Court, Panchkula and was sentenced rigorous imprisonment for six months and fine of Rs. 5000/- for the offence under Section 7 and rigorous imprisonment of one year and fine of Rs. 10,000/- for the offence punishable under Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988. Both the sentences were to run concurrently. However, the interim bail was granted on 14.12.2012 itself for one month and the applicant was not taken into custody upon sentencing.

3. The applicant challenged the conviction and sentence by way of a criminal miscellaneous appeal before the Hon’ble High Court of Punjab and Haryana vide Crl. Misc. No. 923 of 2013, Crl. Appeal No. 55-SB of 2013 and Crl. Misc. No. 924 of 2013 dated 09.01.2013. The Hon’ble High Court granted regular bail and suspended the sentence of the applicant till the disposal of the appeal. On 15.01.2013, the applicant informed the respondents about his conviction and the grant of interim as well as regular bail and admittance of his criminal appeal and suspension of the sentence till disposal of the appeal.

4. The respondents vide order dated 12.08.2013 placed the applicant under deemed suspension with retrospective effect i.e. from 14.12.2012, which is the date of his sentence, by invoking the provisions of Rule 10(2)(b) of Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as the Rules).

5. By way of OA No. 3253/2016, the applicant has prayed for