Kalpesh Manibhai Rathod vs COMPTROLLER AND AUDITOR GENERAL OF INDIA on 22 October 2026

CENTRAL ADMINISTRATIVE TRIBUNAL AHMEDABAD Order Sheet Item no.: 1 O.A./512/2026 (AHMEDABAD) [ SUSPENSION ] With M.A./496/2026 SEEKING DIRECTION Court No.: 1 No of Adjournment: 3 Order Dated: 22/10/2026 KALPESH MANIBHAI RATHOD Vs COMPTROLLER AND AUDITOR GENERAL OF INDIA

For Applicant(s) Advocate : ISHAN G JOSHI

For Respondent(s) Advocate : AISHVARYA GUPTA Order of The Tribunal

Shri Ashish Joshi, learned counsel appearing for the applicant, Shri R. V. Sinha, learned Senior counsel for Aishwarya Gupta counsel for Respondent No.1 & 2.

2. The applicant, being aggrieved by the report dated 09.07.2026 submitted by Respondent No. 2, i.e., the Internal Complaints Committee (ICC), under the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as “the POSH Act”), and the consequential charge memorandum dated 08.09.2026 issued by Respondent No. 1 under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as “the CCS (CCA) Rules”), as well as the suspension order dated 07.08.2026, has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985.

3. By way of the present Original Application, the applicant seeks quashing and setting aside of the aforesaid impugned proceedings. Pending final disposal of the Original Application, the applicant has also prayed for interim protection against the implementation and execution of the ICC report dated 09.07.2026, the charge memorandum dated 08.09.2026, and the suspension order dated 07.08.2026 (Annexure A/12 colly.).

4. Learned counsel for the applicant, referring to the relevant provisions of the POSH Act, submits that the inquiry conducted by the ICC suffers from serious procedural infirmities and non-compliance with the mandatory provisions of the said Act.

5. It is contended that, by way of a representation dated 03.06.2026, the applicant had raised several objections, including the objection that the inquiry was barred by limitation under Section 9 of the POSH Act. According to the applicant, the said objections were neither duly considered nor decided by the ICC before the conclusion of the inquiry proceedings.

6. Learned counsel further submits that the ICC forwarded its report directly to the competent authority without first furnishing a copy thereof to the applicant, thereby depriving him of an opportunity to submit his representation against the findings and recommendations of the Committee, as contemplated under the second proviso to Section 11(1) of the POSH Act, as relied upon by the applicant.

7. It is further submitted that the representation dated 10.07.2026 submitted by the applicant before Respondent No.1 was not duly considered and that the competent authority proceeded to issue the charge memorandum dated 08.09.2026 on the basis of the ICC report. The applicant was also placed under suspension vide order dated 07.08.2026.

8. Learned counsel for the applicant further submits that, being aggrieved by the non-consideration of his representation dated 03.06.2026, the applicant had earlier approached this Tribunal by filing O.A. No.376/2026, seeking a direction to Respondent No. 2 to consider and dispose of the said representation by passing a reasoned and speaking order. This Tribunal issued notice in the said Original Application, returnable on 10.08.2026, and directed the respondents, in the meantime, to consider the pending representation of the applicant and place a copy of the decision before the Tribunal on the next date of hearing. However, the said Original Application came to be dismissed after the respondents placed the ICC report dated 09.07.2026 before this Tribunal.

9. Being aggrieved thereby, the applicant approached the Hon’ble High Court of Gujarat by filing SCA No. 12795/2026. The said petition was disposed of by the Hon’ble High Court, observing that the ICC had taken a final decision and that, if the petitioner had any grievance against the report of the Committee, it was open to him to challenge the same before an appropriate forum in accordance with law.

10. Learned counsel for the applicant submits that, in the meantime, Respondent No.1 issued the impugned charge memorandum dated 08.09.2026 and passed the suspension order dated 07.08.2026, purportedly on the basis of the ICC report. Hence, the applicant has approached this Tribunal by way of the present Original Application.

11. It is further submitted that the applicant repeatedly requested the respondents to inform him of the appropriate appellate authority or other competent forum before which he could ventilate his grievance against the ICC report. However, according to the applicant, no effective response was received in this regard, nor was his grievance addressed.

12. Learned counsel, therefore, submits that, in the absence of an effective alternative remedy available to the applicant, the present Original Application has been filed, inter alia, with reference to Section 18 of the POSH Act and Sections 14 and 19 of the Administrative Tribunals Act, 1985. It is contended that the respondents have failed to comply with the mandatory procedure prescribed under the POSH Act and that the inquiry proceedings have consequently been vitiated. It is, therefore, submitted that the consequential proceedings, including the impugned charge memorandum and suspension order, are also liable to be interfered with by this Tribunal.

13. Shri R.V.Sinha, learned counsel appearing for Respondent Nos. 1 and 2, submits that due opportunity was afforded to the applicant during the inquiry proceedings and that, thereafter, the ICC submitted its report to the competent authority.

14. Learned counsel further submits that the report of the ICC is a preliminary report and that the present Original Application is premature. He, however, seeks an opportunity to file a detailed reply to the Original Application. Upon consideration of the submissions advanced on behalf of the parties, particularly the contention of learned counsel for the applicant that the impugned charge memorandum dated 08.09.2026 has been issued solely on the basis of the report and recommendations of the ICC, we find that the applicant has raised substantial issues requiring consideration by this Tribunal.

15. Heard the learned counsel.

16. The grievance of the applicant is that the procedure prescribed under the POSH Act was not duly followed during the inquiry proceedings and that his objections, including the objection regarding limitation under Section 9 of the said Act, were not duly considered. The applicant has also questioned the manner in which the ICC report was furnished and relied upon by the competent authority.

17. At this stage, having regard to the material placed on record and the submissions advanced by learned counsel for the parties, we particularly note that the impugned charge memorandum appears to have been issued on the basis of the ICC report and its recommendations. The applicant has raised a specific grievance regarding the procedural validity of the inquiry and the consequential action taken by the competent authority.

18. In view of the above, we find substantial force, at this stage, in the submission advanced on behalf of the applicant that the nature of the ICC report and the manner in which it has been relied upon for initiating disciplinary proceedings require examination. The issues raised by the applicant warrant consideration after the respondents have filed their reply and the relevant record is placed before this Tribunal. Learned counsel appearing for Respondent Nos. 1 and 2 waives service of notice. Issue notice, Notice to Interim relief returnable on 07.12.2026. In the meantime, by way of interim relief, the respondents are restrained from proceeding further with the impugned charge memorandum dated 08.09.2026 until the next date of hearing. The respondents are directed to file their reply to the Original Application before the next date of hearing. List the matter on 07.12.2026. Applicant is at liberty to serve Respondent No.3 by Speed Post.

Sanjiv Kumar Member (A) Jayesh V Bhairavia Member (J) Seema Kv ( ps )