CAT - ['Kolkata']

### Appellate Authority Directed to Dispose of Pending Statutory Appeal Against Compulsory Retirement Within Stipulated Period

VIJAY KUMAR PANDEY vs EASTERN RAILWAY

CAT - ['Kolkata']JUDGMENT: May 13, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, a Helper (Electrical TRD) in the Eastern Railway, was served a major penalty charge sheet on February 17, 2025.

Source reference: p. 2

On October 22, 2025, the Disciplinary Authority issued a Punishment Notice imposing "compulsory retirement".

Source reference: p. 2, para 3

The applicant alleges that this punishment was imposed without providing an Inquiry Report or an opportunity to be heard.

Source reference: p. 3

The applicant preferred a statutory appeal to the Senior Divisional Electrical Engineer on January 2, 2026, which remained pending at the time of filing this Original Application (O.A.).

Source reference: p. 2-3
02

Issues

1. Whether the Appellate Authority should be directed to decide the pending appeal dated January 2, 2026, within a specific timeframe.

Source reference: p. 3, para 6
03

Law Applied

Section 19 of the Administrative Tribunals Act, 1985, which empowers the Tribunal to adjudicate disputes regarding the service matters of Union employees.

Source reference: p. 2, para 1

The principle of administrative justice and exhaustion of alternative remedies, implying that a statutory Appellate Authority is duty-bound to dispose of appeals through reasoned and speaking orders.

Source reference: p. 3, para 6
04

Reasoning

The Tribunal noted that the applicant’s primary grievance, at this stage, was the inaction of the Appellate Authority regarding his appeal against the compulsory retirement order.

Source reference: p. 3, para 3

Without delving into the merits of the allegations regarding the lack of an Inquiry Report, the Tribunal observed that the applicant made an "innocuous prayer" for the disposal of the pending appeal.

Source reference: p. 3, para 6

Since the respondents expressed no objection to such a direction, the Tribunal found it appropriate to streamline the administrative process by mandating a time-bound decision.

Source reference: p. 3, para 4-6
05

Holding

The Tribunal disposed of the O.A. at the admission stage.

It directed the Appellate Authority to take a decision on the applicant's appeal dated January 2, 2026, and communicate the same via a reasoned and speaking order within four weeks from the date of receipt of the court’s order.

Source reference: p. 3, para 6-8

The Tribunal explicitly stated it did not observe anything on the merits of the case, and no order as to costs was made.

Source reference: p. 3-4
CAT - ['Kolkata']

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VIJAY KUMAR PANDEYvsEASTERN RAILWAY

CAT - ['Kolkata'] · May 13, 2026

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