A disciplinary authority lacks the jurisdiction to challenge the validity of an educational qualification or the eligibility conditions of a board once the board has confirmed the certificate's genuineness. Disciplinary proceedings cannot be sustained by re-adjudicating external examination regulations or based on speculative misconduct.

In the matters of:-

1. O.A. No. 350/1013/2024: Rina Saha, Aged 55 Years, W/o Shri Suvash Ranjan Saha, Group 'C', Upper Division Clerk, Rural Health Unit and Training Centre, All India Institute of Hygiene and Public Health, Ministry of Health and Family Welfare, Singur, Hooghly-712409. Resident of: 2E1/2, Uttarpara Housing Estate, Bhadra Kali, 88-B, G.T. Road, Hooghly-712232. ......... Applicant

-Versus-

UNION OF INDIA through The Director, All India Institute of Hygiene and Public Health, Ministry of Health and Family Welfare, 110, Chita Ranjan Avenue, Kolkata-700073. …….Respondents

For The Applicant(s): Mr. T. R. Mohanty; Counsel

For The Respondent(s): Mr. S. Paul; Counsel

2. O.A. No. 350/205/2026: Rina Saha, Aged 55 Years, W/o Shri Suvash Ranjan Saha, Group 'C', Upper Division Clerk, Rural Health Unit and Training Centre, All India Institute of Hygiene and Public Health, Ministry of Health and Family Welfare, Singur, Hooghly-712409. Resident of: 2E1/2, Uttarpara Housing Estate, Bhadra Kali, 88-B, G.T. Road, Hooghly-712232. ......... Applicant

-Versus-

UNION OF INDIA through The Director, All India Institute of Hygiene and Public Health, Ministry of Health and Family Welfare, 110, Chita Ranjan Avenue, Kolkata-700073. …….Respondents

For The Applicant(s): Mr. T. R. Mohanty; Counsel

For The Respondent(s): Mr. K. K. Ganguly; Counsel

O R D E R

Per: Mr. Diwakar Singh, Member (J)

Heard Ld. Counsel on both the sides.

2. Since common questions of fact and law arise in both the Original Applications and the parties are also identical, both the matters are being disposed of by this common order.

3. O.A. No. 350/1013/2024 has been filed challenging the Memorandum dated 29.09.2023 whereby a Major Penalty Charge Sheet came to be issued against the applicant under Rule 14 of the CCS (CCA) Rules, 1965. The applicant has prayed for the following relief(s):-

“8.1. to allow the present Application;

8.2. to quash and set aside the impugned Major Penalty Charge Sheet dated 29.09.2023 (Annexure: A-1) and all the consequences thereof or declare that the impugned Major Penalty Charge Sheet dated 29.09.2023 (Annexure: A-1) has lapsed;

8.3. to allow exemplary costs of the application; and

8.4. to issue any such and further order/directions this Hon'ble Tribunal deems fit and proper in the facts and circumstances of the case.”

3.1. O.A. No. 350/205/2026 has subsequently been filed challenging the order dated 20.01.2025 whereby the applicant was reverted from the post of Upper Division Clerk to the lower post of Laboratory Assistant pursuant to the aforesaid disciplinary proceedings. The applicant has prayed for the following relief(s):-

“8.1. to allow the present Application;

8.2. to quash and set aside the impugned Reversion Letter dated 20.01.2026 (Annexure: A-I)

8.3. to consequently, direct the Respondent to restore the Applicant to the position of Upper Division Clerk with effect from 20.01.2026;

8.4. to grant all consequential benefits of the same, including full salary and allowances of the higher post of Upper Division Clerk;

8.5. to direct the Respondent to pay the arrears of salary and allowances of the higher post of Upper Division Clerk to the Applicant within a specified time, with compound insterest;

8.6. to allow exemplary cost of application; and

8.7. to issue any such and further orders this Tribunal deems fit and proper in the facts and circumstances of the case”

FACTS OF THE CASE

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