ASHOK KUMAR GAUTAM vs ASHOK KUMAR GAUTAM, SPP, CBI

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Item No. 27/ C-1 C.P. No. 866/2026
O.A. No. 720/2023

Central Administrative Tribunal
Principal Bench: New Delhi

C.P. No. 866/2026
In
O.A. No. 720/2023
with
M.A. No. 4994/2026

th
This the 27 day of October, 2026

Hon’ble Mr. Justice Ranjit More, Chairman
Hon’ble Dr. Anand S khati, Member (A)


Sh. Ashok Kumar Gautam, Senior Public Prosecutor,
Central Bureau of Investigation (CBI), R/o House No. 10A,
First Floor, Sanjay Nagar, Gulabi Bagh, Delhi-110007.

…Applicant
(By Advocate: Mr. Nikhil Kumar)


Versus

1. The Director, Central Bureau of Investigation (CBI),
Head Office CGO Complex, Lodhi Road, New Delhi.

2. Secretary, Govt. of India, Ministry of Personnel, Public
Grievance & Pensions, Dept. of Personnel & Training,
New Delhi.
…Respondents


(By Advocates: Mr. Rudra Pratap Singh for Mr. Hanu Bhaskar)
SURAJ SURAJ
BISHT
BISHT

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Item No. 27/ C-1 C.P. No. 866/2026
O.A. No. 720/2023

ORDER (ORAL)
Hon’ble Mr. Justice Ranjit More, Chairman
C.P. No. 866/2026
By order dated 16.07.2026 passed in O.A. No. 720/2023,
this Tribunal allowed the Original Application and set aside the
impugned order dated 16.06.2022, whereby the applicant had
been prematurely retired from service under the provisions of FR
56(j). The Tribunal further held that the applicant would be
entitled to all consequential benefits in accordance with law.
2. Mr. Rudra Pratap Singh, learned proxy counsel for the
respondents, has placed on record a compliance affidavit dated
23.10.2026. He has drawn our attention to paragraph 3 thereof,
wherein the respondents have made the following averments:
“3. That, in compliance with the order dated 16.07.2026 passed by this
Hon’ble Tribunal, the respondent Department has , vide order dated
15.10.2026, reinstated the petitioner in Government service in the
rank of Senior Public Prosecutor and posted him at CBT, ACB, Cochin.
A copy of the reinstatement order has been served upon the petitioner
and is annexed hereto. The dues and other consequential benefits
admissible to the petitioner shall be calculated and disbursed in
accordance with law.”
3. Learned proxy counsel for the respondents further submits
that Office Order No. 2629/2026 has also been annexed to the
compliance affidavit, which shows that the applicant has been
reinstated in Government service in the Central Bureau of
Investigation (CBI) in the rank of Senior Public Prosecutor and
posted at CBI, ACB, Cochin.
SURAJ SURAJ
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Item No. 27/ C-1 C.P. No. 866/2026
O.A. No. 720/2023

4. Learned counsel for the applicant, however, submits that, as
part of the consequential benefits flowing from the order of this
Tribunal, the applicant ought also to have been considered for,
and granted, the promotions due to him.
5. We have heard learned counsel for the parties and perused
the records of the case. As regards the claim for promotion, we
observe that promotion cannot be claimed as a matter of right and
is subject to the applicable rules, eligibility conditions and the
prescribed administrative process. Learned counsel for the
applicant further submits that, in terms of the reinstatement
order, the applicant is scheduled to join at Cochin tomorrow, i.e.,
on 28.10.2026. In these circumstances, the applicant must first
join pursuant to the reinstatement order. The question of
consequential benefits, including any claim relating to promotion,
would have to be considered in accordance with law and the
applicable rules. If, after joining, the applicant considers that he
has been denied any promotion due to him, he shall be at liberty
to avail himself of the appropriate remedy in accordance with law.
However, such relief cannot be sought to be adjudicated in the
present contempt proceedings.
6. In view of the reinstatement of the applicant pursuant to the
directions issued by this Tribunal, no further issue survives for
consideration in the present Contempt Petition. Accordingly, the
SURAJ SURAJ
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Item No. 27/ C-1 C.P. No. 866/2026
O.A. No. 720/2023

Contempt Petition is closed. Notices issued, if any, stand
discharged.
M.A. No. 4994/2026
At the outset, learned counsel for the applicants, having
taken instructions from his clients, seeks leave to withdraw the
present M.A. with liberty to file a fresh one.
2. Leave sought with liberty is granted. The MA is dismissed as
withdrawn.


( Dr. Anand S khati) (Justice Ranjit More)
Member (A) Chairman



/ sb /



SURAJ SURAJ
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