B Raja Ambedkar vs REVENUE

O.A.No. 260/00398 of 2024
1

CENTRAL ADMINISTRATIVE TRIBUNAL
CUTTACK BENCH, CUTTACK

O.A.No. 260/00398 of 2024

Reserved on 15 .10.2026 Pronounced on 16.10.2026

CORAM:
THE HON’BLE SHRI SUDHI RANJAN MISHRA, MEMBER (J)
THE HON’BLE SHRI PRAMOD KUMAR DAS, MEMBER (A)
Shri B. Raja Ambedkar, aged about 57 years,
Son of Late B.Raja Rao a permanent rsidente of
C/o. B.Raja Narasimha, Flat No. 409, IT Heights
Apartment, Madhur Nagar Colony, Khajaguda,
Hyderabad, Telegana, PIN-500 032 at present
working as Superintendent, Gr. B, GST &
Central Tax (Training) Hqrs. Bhubaneswar
Audit Commissionerate, Bhubaneswar, Dist.
Khorda, PIN-751 007.
……Applicant
VERSUS

1. The Revenue Secretary to Government of
India, Ministry of Finance Department of
Revenue, Central Board of Excise & Customs,
North Block, New Delhi-110 001.
2. The Chairman, Central Board of Indirect
Taxes and Customs, Ministry of Finance,
Department of Revenue, North Block, New
Delhi-110 001.
3. The Member (P&V), Central Board of Indirect
Taxes and Customs, Ministry of Finance
Department of Revenue, North Block, New
Delhi-110 001.
Digitally signed by Kalpeswar Behera
DN: cn=Kalpeswar Behera,
o=Central Administrative Tribunal
Kalpeswar
Cuttack Bench, ou=ALL,
[email protected]
Date: 2026.10.16 17:19:07 +05'30'
Behera

O.A.No. 260/00398 of 2024
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4. The Chief Commissioner, GST, Central Excise
& Customs, Bhubaneswar Zone, C.R. Building,
Rajaswa Vihar, Bhubaneswar-751 007.
5. The Commissioner of GST and Central Excise
and Customs, Bhubaneswar Audit
Commissionerate, Rajaswa Vihar, C.R.
Building, Bhubaneswar, PIN-751 007.
6. The Under Secretary to Govt. of India,
Ministry of Finance, Department of Revenue,
Central Board of Indirect Taxes and Customs,
North Block, New Delhi-110 001.
……Respondents
For the applicant : M/s. J.M.Pattanaik & J.R.Behera,
Counsel

For the respondents : Mr. R.S.Pattnaik, Counsel

O R D E R
SUDHI RANJAN MISHRA, MEMBER (J):
Without extraneous details, suffice it to say that the
applicant has filed this OA with prayer to direct the Respondents
to promote him to the post of Assistant Commissioner with effect
from the date others were promoted vide Office Order dated
th
15.07.2023, after quashing the order dated 29 July, 2024,
rejecting his representation for giving him promotion.
2. In the counter so also in course of hearing, it is the case of
the Respondents that the applicant vide order dated 24.12.2020
was promoted to the grade of Assistant Commissioner on ad hoc
Digitally signed by Kalpeswar Behera
DN: cn=Kalpeswar Behera,
o=Central Administrative Tribunal
Kalpeswar
Cuttack Bench, ou=ALL,
[email protected]
Date: 2026.10.16 17:19:07 +05'30'
Behera

O.A.No. 260/00398 of 2024
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basis against the vacancy year 2019 on the basis of his seniority
position [Sl.No. 5121] in the All India Seniority List of
Superintendent of Central Excise for the period 1998-2006.
Consequent upon his promotion, he was posted to Ranchi GST &
CZ Zone vide office order No. 59/2021 dated 04.06.2021 by the
CBIT&C. He was relieved from Kakinada Customs House,
Vijayawada on 23.07.2021 to join at his new place of posting at
Ranchi. Instead of joining at his new place of posting, he applied
for leave/extension of leave and challenged his transfer at legal
forum and remained on unauthorized absent from 03.08.2021 to
15.08.2022. Consequent upon revision of seniority in compliance
of the order of the Hon’ble Apex Court in the case of B.S.Murthy &
Others vs UOI and Others, dated 15.03.2022 in Civil Appeal (CA )
No. 3968 of 2009, review DPC was held on 30.06.2023 for
considering promotion to the grade of Assistant Commissioner.
As per the revised position in the seniority list in the grade of
Superintendent, the case of the applicant was to be assessed
against the vacancy year 2021 instead of the year 2019 as was
done earlier. The Review DPC met on 30.06.2023 which assessed
Digitally signed by Kalpeswar Behera
DN: cn=Kalpeswar Behera,
o=Central Administrative Tribunal
Kalpeswar
Cuttack Bench, ou=ALL,
[email protected]
Date: 2026.10.16 17:19:07 +05'30'
Behera

O.A.No. 260/00398 of 2024
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the case of the applicant against the vacancy year 2021. Since
meanwhile departmental proceedings were initiated against him
for his unauthorized absence from 03.08.2021 to 15.08.2021
vide charge Memo dated 05.12.2022, the recommendation of the
DPC was kept in a sealed cover. It is stated that his case was also
considered by the DPC against the vacancy year 2022 but the
recommendation of the DPC was again kept in a sealed cover due
to pendency of the proceedings. The DPC for the vacancy year
2023 deferred his assessment due to lack of APAR. According to
the Respondents, Charge Memo dated 05.12.2022 was
withdrawn on 22.04.2024 and fresh charge sheet for the same
set of allegation was issued on 27.06.2024. Accordingly,
Respondents contested and objected the case of the applicant for
grant of the relief prayed for in this OA.
3. Applicant has also filed rejoinder countering the stand
taken by the Respondents and making endeavour to justify as to
how the action of the Respondents keeping the recommendation
in a sealed cover is not justifiable.
Digitally signed by Kalpeswar Behera
DN: cn=Kalpeswar Behera,
o=Central Administrative Tribunal
Kalpeswar
Cuttack Bench, ou=ALL,
[email protected]
Date: 2026.10.16 17:19:07 +05'30'
Behera

O.A.No. 260/00398 of 2024
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4. The matter was heard in extenso and was reserved for final
order. Learned Counsel appearing for the Applicant filed a Memo
dated 12.10.2026, after serving copy thereof on the other side,
enclosing thereto a copy of the final order No.
GADT/VIG/MISC/97/2022-P&V/O/o COMMR-CGST-ADT-
BHUBANESWAR dated 08.10.2026 passed by the Disciplinary
Authority exonerating him from the allegation; which was
subject matter of the disciplinary proceedings vide Charge Memo
No. 1/2024 dated 27.06.2024. The said Memo is kept on record.
5. In view of the order dated 08.10.2026 filed by the learned
Counsel for the Applicant, there remains nothing further to be
adjudicated in this OA and, as per the law laid down by the
Hon’ble Apex Court in the case of U nion Of India Etc. Etc vs K.V.
Jankiraman , 1991 AIR 2010, the applicant is entitled to the
relief claimed in this OA.
6. Resultantly, this OA is allowed with direction to the
Respondents to open the sealed cover and act upon the
recommendation of the DPC, wherein the assessment in respect
of applicant has been kept, within a period of 30 (thirty) days
Digitally signed by Kalpeswar Behera
DN: cn=Kalpeswar Behera,
o=Central Administrative Tribunal
Kalpeswar
Cuttack Bench, ou=ALL,
[email protected]
Date: 2026.10.16 17:19:07 +05'30'
Behera

O.A.No. 260/00398 of 2024
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upon receipt of a copy of this order. In case, he is found fit by the
DPC, issue appropriate order, if there is no other impediment,
within another period of 30 (thirty) days promoting and posting
him to the post of Assistant Commissioner at Bhubaneswar GST
& CZ Zone, with effect from the date when others including his
juniors were promoted, with grant of all consequential service
and financial benefits.
7. There shall be no order as to costs.

(Pramod Kumar Das) (Sudhi Ranjan Mishra)
Member (Admn.) Member (Judl.)



KB/PS








Digitally signed by Kalpeswar Behera
DN: cn=Kalpeswar Behera,
o=Central Administrative Tribunal
Kalpeswar
Cuttack Bench, ou=ALL,
[email protected]
Date: 2026.10.16 17:19:07 +05'30'
Behera