A challenge to pensionary punishment is premature while the prescribed appeal remains pending.

The applicant, a retired Delhi Police Inspector, faced departmental proceedings initiated on 27 April 2012, shortly before his superannuation on 30 April 2012.

The proceedings resulted in an order dated 22 May 2025 imposing a 100% cut in his pension and gratuity.

He challenged that order and related disciplinary proceedings in this OA.

During its pendency, he appealed to the President of India under Rule 8 of the CCS (Pension) Rules, 2021; that appeal remained pending.

The applicant also sought consideration for CGHS facilities

Whether the OA challenging the disciplinary proceedings and pensionary penalty should be disposed of as premature while the applicant’s appeal against the penalty remained pending

Whether the respondents should facilitate consideration of the applicant’s eligibility for CGHS facilities in accordance with applicable rules and instructions

The Tribunal referred to Rule 8 of the CCS (Pension) Rules, 2021, as amended on 7 October 2022, under which an appeal against the disciplinary authority’s order lies to the President, with the matter to be considered in consultation with the UPSC where applicable

It also noted the Ministry of Health and Family Welfare Office Memorandum dated 27 June 2024 concerning CGHS cards for retirees and pensioners.

The Tribunal cited no precedent and expressed no view on the merits of the appeal or the challenged penalty

Because the applicant had already invoked the appellate remedy and his appeal was pending before the competent authority, the Tribunal considered the OA premature and left the merits of the challenge to be addressed through that appeal

Separately, it directed the respondents to facilitate the applicant’s completion of any required formalities and to consider his CGHS eligibility under the applicable rules and instructions, on the same terms as similarly situated retired employees.

On CGHS facilities, it directed the respondents to facilitate the requisite formalities and consider the applicant’s request in accordance with law.

No order as to costs was made