CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH HYDERABAD, this the 9th day of June, 2025 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Mr. Varun Sindhu Kul Kaumudi, Administrative Member Adabala Chandra Sekhara Rao, S/o Sri. A. V. Rama Rao, Aged 54 Years, Occ: Deputy Drugs Controller, Group A:

Working at CDSCO Headquarters, FDA Bhavan, Kotla Road, New Delhi - 110002, R/o Flat No.201, Plot No.804/4, Vivekananda Nagar Colony, Kukatpally, Hyderabad-500072, Telangana State..

...... Applicant.

(By Advocate: Mr. G Jaya Prakash Babu)

Vs.

1. Union of India, Rep. by its Secretary, Ministry of Health & Family Welfare, Department of Health & Family Welfare, Govt. of India, Nirman Bhavan, New Delhi.

2. The Director (AV), Directorate General of Health Services, Ministry of Health & Family Welfare, Department of Health & Family Welfare, Govt. of India, Nirman Bhavan, New Delhi.

3. The Director (Vigilance), Vigilance Division, Ministry of Health & Family Welfare, Department of Health & Family Welfare, Govt. of India, Nirman Bhavan, New Delhi.

4. Shri Jai Prakash Shukla, the Inquiry Authority / Joint Secretary (Retired), R/o 217-A, Pocket B, Mayur Vihar Phase-II, Delhi - 110 091.

... Respondents (By Advocate: Mrs. K Rajitha, Sr. PC for CG)

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ORAL ORDER (As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this Original Application, the applicant is seeking the following relief:

“This Hon'ble Tribunal may be pleased to pleased

(a to declare the action of the respondents in issuing impugned Charge Memorandum No. C- 14011/1/2015-AV, dated 13.07.2017 and the Order No.C- 14011/1/2014-Vig., dated 21.11.2017 in appointing the Inquiry Officer to conduct departmental inquiry under Rule 14 of CCS (CCA) Rules, 1965 is illegal, arbitrary, discriminatory, contrary to law and in violation of Article 14,

16 and 21 of the Constitution of India;

(b) consequently, quash and set-aside the impugned Charge Memorandum No.C- 14011/1/2015-AV, dated 13.07.2017 and the Order No.C-14011/1/2014-Vig., dated 21.11.2017 and (c) pass such other and further order or orders as the Hon'ble Tribunal may deem fit and proper in the circumstances of the case.”

2. The brief facts of the case, as stated by the applicant, are that he was initially appointed as Junior Scientific Assistant through Direct Recruitment on 12.02.1991, thereafter was selected as Drugs Inspector through Direct Recruitment by the UPSC in the year 1998 and joined on 03.08.1998 and Promoted as Assistant Drugs Controller (I) in the year 2008. It is further submitted that CBI registered a case in RC.No.3A/2014-CBI-HYD on 20.10.2014 under Section 7 of the Prevention of Corruption Act on the ground that the applicant has demanded and accepted an amount of Rs.50,000/ - and he was arrested and released on bail. CBI Case was registered in the year 2014 and is in progress before the CBI Court. However, after about more than three (3) years, the Impugned Charge Memorandum was issued by the respondents. The said Charge Memorandum was issued after about more than 3 years, basing on the advise tendered by the CVC, which has been accepted by the disciplinary to conduct regular departmental inquiry. The applicant appeared on 10.01.2018 and again it was posted to 14.02.2018. If the Departmental Inquiry is proceeded, which is a part of Criminal case, it would cause serious prejudice to the Criminal Trial. The action of the respondents in proceeding with the Departmental Proceedings simultaneously on the same set of facts and circumstances is contrary to the well settled Principles of Law. The applicant is challeng