Central Administrative Tribunal

PINAKI P SAHA vs CENTRAL VIGILENCE COMMISSION on 31 December 2025

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CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH

Original Application No. 2114/2025

Date of Order: This, the 31stday of December, 2025

HON’BLE MR. RAJINDER SINGH DOGRA, JUDICIAL MEMBER

HON’BLE MR. RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER

Between

Pinaki P. Saha(Inspector),

CBI ACB Jammu,

R/o H.No. 84, Carmel Convent

School Road, P.O. Gangyal, Greater

Jammu Colony, Jammu – 180010.

….Applicant

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1. The Union of India (through) the

Secretary, DoP&T, North Block,

Central Secretariat, New Delhi – 110001.

2. The Central Vigilance Commissioner,

Central Vigilance Commission, Satarkta

Bhavan, Block -A, GPO Complex, INA

New Delhi – 110023.

3. The Director,

Central Bureau of Investigation,

Plot No. 5 B, CGO Complex,

Lodhi Road, New Delhi - 110003.

4. The Head of Branch CBI ACB,

Jammu, Anveshan Bhawan,

Rail Head Complex, Panama Chowk,

Jammu – 180012. ....Respondents

Advocate for applicant(s): Applicant-in-person

Advocate for respondent(s): Mr. Raghu Mehta, ld. Sr. CGSC

ORDER(Oral)

PER MR. RAJINDER SINGH DOGRA, MEMBER (J):

The applicant has moved this OA, seeking the following reliefs: “8.1 Kindly Order recovery of HRA and TA drawn illegally by Ex ASP CBI ACB Jammu, Shri Mahesh Kumar for the occupation of Office Safe house during 2000-2023(approx..) with penal interest at the rate of 7.1%. 8.2 Kindly Order recovery of HRA and TA drawn illegally by SP CBI ACB Jammu, Shri K. Pradeep Kumar for the occupation of Office safe house during 2022-2024 (approx.) with penal interest at the rate of 7.1%. 8.3 Kindly Order stoppage of payment of TA to all the Officers of CBI who are enjoying the staff car facility.”

2. The facts of the case are that the applicant is serving as Inspector, presently posted at CBI ACB Jammu. The applicant was posted at CBI Bank securities and Fraud Branch, Mumbai during the period 2018-2023 as Inspector, having completed more than 5 years tenure in CBI Mumbai, the applicant transferred in public interest to CBI ACB Jammu on 23.11.2023.

The applicant’s basic contention is that the office guest house/safe house is being misused by the SP, ASP of CBI Jammu while denying the use of such facility to staff on tour, transfer etc., while drawing HRA/TA illegally as no HRA is admissible to any Central Govt. Employee while residing in any Govt. premises and also Transport Allowance cannot be drawn while staying in the office premises.

3. Learned counsel for the respondents has raised a preliminary objection and stated that the subject matter of this OA i.e. misusing of Office Guest House/Safe House and illegally drawing of HRA/TA by Govt. employees is not a service matter anddoes not fall within the jurisdiction of this Tribunal.

4. Heard the parties and perused the records.

5. Since the subject matter of this OA i.e. misusing of Office Guest House/Safe House and illegally drawing of HRA/TA by Govt. employees is not a service matter and does not fall within the jurisdiction of this

Tribunal, the instant OA stands dismissed for want of jurisdiction.

6. However, liberty is given to the petitioner to file before the appropriate forum.

(R.M. JOHRI)

(R.S. DOGRA)

MEMBER(A) MEMBER (J) /Sk/

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