Central Administrative Tribunal Principal Bench, New Delhi This the 16^th day of December, 2025 Hon’ble Mr. R.N. Singh, Member (J) Hon’ble Shri B. Anand, Member (A)

ARUN KUMAR GURJAR, Aged 44 Years, Joint Commissioner of Income Tax, Grp. A, S/o Sh Shivdayal Gurjar R/o C-120 A, Sunder Marg, Tilak Nagar, Jaipur Rajasthan Pin- 302004 ... Applicant (By Advocate: Mr. Divyakant Lahoti, Ms. Vindhya Mehra and Ms. Samridhi Bhatt)

Versus

1. Union of India through Revenue Secretary, Ministry of Finance Government of India, North Block, New Delhi-1

2. Under Secretary (V& L) CBDT, North Block, Ministry of Finance, Government of India, New Delhi-1 ... Respondents (By Advocate: Mr. RK Jain)

O R D E R (ORAL)

Hon’ble Mr. R.N. Singh, Member (J)

1. We have heard the learned counsels for the parties and with their assistance we have also gone through the pleadings on record.

2. In the present O.A. filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant is aggrieved by an order dated 01.12.2017 passed by the respondents by invoking the provisions of Rule 19 of the CCS (CCA) Rules, 1965, (hereinafter referred to as the Rules, 1965) whereby they have dismissed the applicant from service on the ground of his being convicted and sentenced by the learned special judge (Prevention of Corruption Act) in CBI-03 South District, New Delhi vide order dated 20.05.2015 under Section 120B of the IPC and Section 7 of the Prevention of Corruption Act, 1988, on criminal charge of demanding and accepting illegal gratification. In the O.A. the applicant has prayed for setting aside the impugned order of dismissal dated 01.12.2017 and for a direction to the respondents, as a consequence, to reinstate him in service with all consequential benefits, that is, arrears of salary and other benefits as per service rules.

3. The claim of the applicant has been contested by the respondents by filing counter reply. The applicant has filed rejoinder.

4. During the pendency of the O.A., the applicant has placed on record a common order/judgment dated 22.03.2024 of the Hon’ble High Court of Delhi in Criminal Appeal No. 630/2015 along with another Criminal Appeal No. 643/2015 titled Arun Kumar Gurjar Versus CBI and Baljeet Singh Versus CBI respectively vide which the applicant has been acquitted in the said FIR. By way of an affidavit, the applicant has also placed on record an order dated 18.08.2025 of the Hon’ble Apex Court in SLP (Criminal) D. No. 48510/2024 vide which the Hon’ble Apex Court has dismissed the SLP in respect of the applicant herein and has ordered notice in another SLP filed in respect of common order/judgment of the Hon’ble High Court in the case of the co-accused Baljeet Singh.

5. The undisputed facts are that the applicant was impleaded by the CBI in a Criminal Case R/C No. CBI/AC-14/RC-I/RC- A0003/2010 dated 29.12.2010 under Section 120B of the IPC read with Section 7 of the Prevention of Corruption Act, 1988, and substantive offence under Section 7 of the Prevention of Corruption Act, 1988. The CBI filed chargesheet against the applicant for allegedly committing offences under Section 120B of the IPC on 31.12.2011. On 24.01.2011, the applicant was placed under Suspension with effect from 29.12.2010 in terms of Rule 10(1) and (2) of the Rules, 1965. The applicant made a representation against the order of suspension. On 01.03.2012, the suspension of the applicant was revoked by the respondents. On 20.05.2015, the Learned Special Judge (Prevention of Corruption Act, 1988) convicted the applicant and one another, namely, Mr. Baljeet Singh under Section 120B of the IPC read with Section 7 of the Prevention of Corruption Act. The applicant being aggrieved by the order of conviction filed Criminal Appeal No. 630/2015 before the Hon’ble High Court of Delhi. Vide order dated 02.08.2016, the applicant has been placed under deemed suspension with effect from 21.05.2015 in view of him being convicted by the Learned Trial Court. Subsequently, the applican