Central Administrative Tribunal
Sanjay Kumar Gupta vs DEFENCE on 30 October 2026
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CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH 61/35, COPERNICUS MARG,NEW DELHI-110001 Order Sheet Item no.: 65 O.A./202/2026 (DELHI) [ LEAVE ENCASHMENT ] [ SENIOR CITIZEN ] Court No.: 4 No of Adjournment: 7 Order Dated: 30/10/2026 SANJAY KUMAR GUPTA Vs DEFENCE
For Applicant(s) Advocate : Ms. Neelima Rathore for Mr. Saurabh For Respondent(s) Advocate : Mr. Dhananjai Kumar Order of The Tribunal Learned counsel for the applicant has drawn our attention to Rule 39(3) of the CCS (Leave) Rules, 1972, which provides for payment of leave encashment to a retiring Government servant and is extracted hereunder for ready reference: "39. Leave/Cash payment in lieu of leave beyond the date of retirement, compulsory retirement or quitting of service
(3) The authority competent to grant leave may withhold whole or part of cash equivalent of eamed leave in the case of a Government servant who retires from service on attaining the age of retirement while under suspension or while disciplinmy or criminal proceedings are pending against him, ifin the view of such authority there is a possibility of some money becoming recoverable from him on conclusion of the proceedings against him. On conclusion of the proceedings, he will become eligible to the amount so withheld q[ter adjustment of Government dues, if any. " She has further drawn our attention to Office Order dated 12.08.2025 (Annexure A-4), clarifying the position regarding potential recoveries in connection with the CBI case involving the applicant. The said order records that, although departmental proceedings and a CBI case were pending against the applicant, the total recoverable amount of Rs. 1,36,32,159/- in the said case had already been recovered. Learned counsel for the respondents is directed to file an additional affidavit positively by the next date of hearing, specifically clarifying whether any amount, over and above the aforesaid amount, remains recoverable from the applicant. Re-notify the matter on 07.12.2026.
Manish Garg Member (J) Suraj Bisht ( steno 'c' )