bhagwati Sharan Tiwary vs CIVIL AVIATION on 6 November 2026

CENTRAL ADMINISTRATIVE TRIBUNAL MUMBAI Order Sheet Item no.: 5 O.A./883/2026 (MUMBAI) [ DISCIPLINARY PROCEEDING ] [ SENIOR CITIZEN ] Court No.: 2 No of Adjournment: Order Dated: 06/11/2026 BHAGWATI SHARAN TIWARY Vs CIVIL AVIATION

For Applicant(s) Advocate : Shri R.G. Walia For Respondent(s) Advocate : Order of The Tribunal Heard Shri Walia, learned counsel for the applicant on the question of admission as well as interim relief.

2. In the present OA, the applicant is challenging the impugned charge-sheet dated 06.08.2026 (Annexure A-1). It is the case of the applicant that earlier charge sheet dated 14.06.2018 (Annexure A-2) was issued by the Disciplinary Authority in which similar charges have been levelled against the applicant which has levelled in the present charge sheet dated 06.08.2026 also. For the said purpose, the applicant has drawn our attention of this Bench towards page No.114 (Memorandum dated 14.06.2018) and page No.85 (Memorandum dated 06.08.2026). It is submitted that the aforesaid charge sheet was challenged in OA No.500/2018 and this Tribunal vide its order dated 12.11.2018 quashed the charge-sheet dated 14.06.2018. It is submitted that after the lapse of about eight years, now the present charge sheet has been issued.

3. It is further submitted that in the meanwhile, the applicant stood compulsorily/prematurely retired vide order dated 08.02.2019.

4. Under these circumstances, Rule 8 of the Pension Rule comes into play and as per Rule 8, firstly, the said power is vested with the Hon'ble President and as per Rule 8(2) (c), the period prescribed is in respect of any event which took place more than 4 years before such institution and, therefore, according to the applicant, the impugned charge-sheet is illegal and contrary to law.

5. It is further submitted that on the ground of delay, this Tribunal in OA No.692/2022 vide its order dated 06.09.2022 in case of Shri Sachin Ashok Patil Vs. Home Affairs was pleased to direct the respondents to maintain status quo regarding the charge sheet in question in view of the judgement of the Hon'ble Supreme Court in the case of Prem Nath Bali Vs. Registrar, High Court of Delhi and Another, 2015(16) SCC 415. Therefore, it is submitted that notices may be issued and interim relief may be granted.

6. Taking into consideration the aforesaid submission of the learned counsel for the applicant, issue notice to the respondents on the question of admission as well as interim relief returnable within two weeks.

7. Meanwhile, the Disciplinary Authority is directed not to proceed with the enquiry in furtherance of charge memorandum dated 06.08.2026 only till the next date of hearing.

8. List the matter on 25.11.2026 for further consideration.

MR. UMESH GAJANKUSH Member (J) Mr. Shri Krishna Member (A) Ma Alphanso ( )