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2026 Supreme(Online)(CAT) 6381
CENTRAL ADMINISTRATIVE TRIBUNAL
Shri Krishna, Administrative Member, Umesh Gajankush, Judicial Member
Ravindra Kumar – Appellant
Versus
Union of India – Respondent
O.A. No. 603/2019
For the Appellants/Petitioners: R.G. Walia
For the Respondents: Sachin Patil
Administrative authorities must adhere to the principles of natural justice, specifically the issuance of a show cause notice and the provision of a reasonable opportunity to be heard, before initiating any action that results in the reversion of an employee from a regularized promoted post.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Service Law - Promotion - Reversion - Review Departmental Promotion Committee - Principles of Natural Justice - Necessity of Show Cause Notice - Applicants challenged potential reversion from higher posts to lower grades based on review proceedings - Held, any action involving civil consequences to an employee, such as reversion from a regularly promoted post, requires adherence to the principles of natural justice, which mandates the issuance of a show cause notice and a reasonable opportunity to be heard before any adverse order is passed. (Paras 2, 5.1, 14, 25(a))
Facts of the case:
The applicants were promoted from lower grades to middle and higher grades following regular selection processes. Subsequently, based on administrative directives to review past promotions for alleged irregularities and non-adherence to updated eligibility criteria, the department initiated review proceedings. The applicants, fearing imminent reversion, approached the tribunal seeking to quash these actions, arguing that their initial promotions were legal and that no opportunity was provided to defend their positions.
Findings of Court:
The court observed that the respondents intended to initiate review proceedings that could result in reversion to lower posts. While the court did not determine the validity of the promotions themselves, it emphasized that the department cannot unilaterally pass orders affecting the service status of employees without following the minimum requirements of natural justice. The tribunal identified that such actions entail serious civil consequences.
Issues: Whether the respondents are entitled to revert employees from their promoted posts through a review process without prior issuance of a show cause notice and providing an opportunity for defense.
Ratio Decidendi: In the absence of a show cause notice, any administrative action that adversely impacts an employee's career, such as reversion from a previously granted regular promotion, is violative of the principles of natural justice. The authority is obligated to provide the affected individuals an opportunity to explain their position before taking any punitive or corrective steps involving civil consequences.
Result: Original Application disposed of with direction to the respondents to issue a show cause notice and provide a reasonable opportunity for a reply before taking any adverse action.
| Table of Content |
|---|
| 1. apprehension of illegal reversion without due process. (Para 1 , 1 , 2 , 5) |
| 2. respondents' justification for review dpc and prospective promotion criteria. (Para 4 , 6) |
| 3. conflict between administration's right to review dpcs and civil consequences for employees. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. judicial assessment of administrative actions involving promotion reviews. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. duty to issue show cause notice prior to adverse action. (Para 25 , 26) |
1. Ravindra Kumar
Son of Ram Lakhan Maurya
Date of Birth: 30.09.1982 (age: 36 years 11 months)
working as: Preventive Officer (Group “B” Non-Gazetted post) in the office of:
Commissioner of Customs, General,
JNCH, Nhava Sheva Mumbai 400707,
and residing at: 228, 4th Floor, Building
No. 10, Sector-7, CGS Colony, Antop Hill,
Mumbai 400037, State of Maharashtra.
2. Resitha Vivek Bhattacharya
Wife of Vivek Ashok Bhattacharya
Date of Birth: 16.11.1982 (age: 36 years
09 months) working as: Examiner (Group
"B" Non-Gazetted post) in the office of:
Commissioner of Customs (Import-I), Group -VB,
New Customs, Ballard Estate, Mumbai 400001,
and residing at 205, 1st Floor,
Building No.10, CGS Quarters, Antop Hill,
Mumbai 400037, State of Maharashtra.
3. Dr. Yogendra Kumar Rajoria
Son of Bachchu Lal Rajoria
Date of Birth: 04.01.1975 (age: 44 years
08 months) working as: Examiner (Group
"B" Non-Gazetted post) in the office of:
Import Docks NS-3, JNCH, NHAVA SHEVA,
District Raigad, and residing at: 5/100,
4th Floor, Customs Quarters, Five Gardens,
Matunga, Mumbai 400019, State of Maharashtra.
4. Ajay Kumar Jha
Son of Digambar Jha
Date of Birth: 10.05.1980 (age: 39 years
04 months) working as: Inspector
(Examiner) (Group "B" Non-Gazetted post)
in the office of Commissioner of
Customs, NS-I, JNCH, Nhava Sheva, GR-IIG,
400707, and residing at: 8/165, 3rd Floor,
Building No.8, Sector-7, CGS Colony,
Antop Hill, Mumbai 400037, State of Maharashtra.
5. Penter Kumar Jaysawal
Son of Sagar Bhagat
Date of Birth: 05.01.1987 (age: 32 years
08 months) working as: Inspector
(Examiner) (Group "B" Non-Gazetted post)
in the office of Asstt. Commissioner
of Customs (SIIB-X) NS-II, JNCH, Nhava
Sheva, Uran, District: Raigad, Maharashtra 400707,
and residing at 405, 4th Floor,
Radha Residency, Plot No.93, Ulwe,
Post- Wahal, Sector-21, Taluka and District:
Raigad, State of Maharashtra,
Pin Code: 410206.
6. Anand Prakash
Son of Ram Maya Tiwari
Date of Birth: 04.06.1984 (age: 35 years
03 months) working as: Inspector
(Examiner) (Group "B" Non-Gazetted post)
in the office of Commissioner of Customs,
Jawaharlal Nehru Custom House, Nhava
Sheva-400707, and residing at: A-66,
Building No.4, 2nd Floor, CGS Colony,
Bhandup (East), Mumbai 400042,
State of Maharashtra.
7. Bhagwan Sahay Bairwa,
Son of Shri Kajod Mal Bairwa
Date of Birth: 05.07.1979 (age: 40 years
02 months) working as: Inspector
(Examiner) (Group "B" Non-Gazetted post)
in the office of Dy. Commissioner of Customs,
Courier Cell, APSC, Mumbai Zone- III
and residing at 202/10, Ground Floor, Sector-7,
CGS Colony, Antop Hill, Mumbai 400037,
State of Maharashtra.
8. Samir Kumar
Son of Bishwanath Prasad Srivastava
Date of Birth: 03.02.1980 (age: 39 years
07 months) working as: Examiner (Group
"B" Non-Gazetted post) in the office of:
Commissioner of Customs, (Export), Air
Cargo Complex, Mumbai 400099,
and residing at: 10/212, Sector-7, Antop Hill,
Mumbai 400037, State of Maharashtra.
9. Vinay Kumar Khare
Son of Jang Bahadur Khare,
Date of Birth: 05.08.1980 (age: 39 years
01 month) working as: Examiner (Group
"B" Non-Gazetted post) in the office of:
Commissioner of Customs, (Export), Air
Cargo Complex, Sahar, Mumbai 400099,
and residing at: 209/10, CGS Colony,
Sector-7, Antop Hill, Mumbai 400037,
State of Maharashtra.
10. Raj Kumar Gupta
Son of Chandrika Prasad
Date of Birth: 08.06.1982 (age: 37 years
03 months) working as: Inspector
(Preventive Officer) (Group "B" Non-
Gazetted post) in the office
