Sachin Kumar vs HOME AFFAIRS on 5 November 2026

CENTRAL ADMINISTRATIVE TRIBUNAL MUMBAI Order Sheet Item no.: 5 O.A./876/2026 (MUMBAI) [ DEPARTMENTAL ENQUIRY ] Court No.: 2 No of Adjournment: Order Dated: 05/11/2026 SACHIN KUMAR Vs HOME AFFAIRS

For Applicant(s) Advocate : Mr. V.A. Nagrani For Respondent(s) Advocate : Dr. V.S. Masurkar Order of The Tribunal Applicant before this Tribunal is challenging the impugned Chargesheet dated 30th September, 2025 on the ground that on similar set of facts, the criminal proceedings are pending before the competent court in Special Case No. 10 of 2025 and, therefore, in view of the proposition of the law laid down by the Hon'ble Supreme Court in the case of Capt. M. Paul Anthony v. Bharat Gold Mines Ltd. (1999) 3 SCC 679, the impugned chargesheet may be stayed till the conclusion of the departmental enquiry.

2. It is submitted that after issuance of impugned chargesheet dated 30th September, 2025 till 26th October, 2026, there was no progress. However, vide order dated 26th October, 2026, the disciplinary authority has appointed enquiry officer and directed him to complete inquiry and submit his report within 30 days from the date of this order. In furtherence of the same, notice dated 30th October, 2026 (Annexure-A-

10) was issued by the enquiry officer directing the applicant to appear on 06th November, 2026 at 11 AM. On this basis, the applicant has prayed for interim relief.

3. Dr. Masurkar on the basis of advance notice, appears on behalf of the respondents and submitted that some reasonable time may be granted to file the reply on merits as well as interim relief. It is further submitted that even for consideration of interim relief, reply is necessary. It is submitted that since after issuance of chargesheet on 30th September, 2025, no proper steps have been taken and, therefore, communication dated 26th October, 2026 and 30th October, 2026 were issued by disciplinary authority and inquiring authority. He has further submitted that similar matter in OA No. 869/2026 in which disciplinary proceedings are challenged by the said employee was listed on 04th November, 2026 in which no interim relief has been passed by the Co-ordinate Bench.

4. Taking view of the aforesaid submissions, issue notice to the respondents on the question of admission as well as on interim relief. Dr. Masurkar accepts notice on behalf of respondents and waives service. In the facts and circumstances of the present case, it is necessary to grant some reasonable time to the respondents for filing the reply at least on interim relief by the next date of hearing. Applicant is permitted to inform the inquiry officer on 06th November, 2026 in respect of issuance of the notice on admission and interim relief by this Tribunal on 05th November, 2026. Thereafter, in case of any urgency in the intervening period, the applicant is at liberty to move this Tribunal for interim relief.

5. List the matter on 07th December, 2026.

MR. UMESH GAJANKUSH Member (J) Mr. Shri Krishna Member (A) Nicky Kumari ( )