Authorities must decide representations for service benefits following acquittal through a reasoned and speaking order.

The Applicant, a 73-year-old former employee, was removed from service on January 13, 2011, under Rule 19 of the CCS (CCA) Rules, 1965, following a criminal conviction.

On February 28, 2025, the Hon'ble High Court, in Criminal Appeal No. 697/2009, set aside the said conviction.

The Applicant subsequently submitted representations dated July 30, 2025, October 27, 2025, and December 17, 2025, requesting the respondents to quash the removal order and release all consequential service and retiral benefits.

The Applicant approached the Tribunal on the grounds that these representations remained undecided for over six months.

1. Whether the respondents should be directed to consider and decide upon the Applicant's pending representations for restoration of service benefits following his acquittal.

The Tribunal exercised jurisdiction under Section 19 of the Administrative Tribunals Act, 1985.

The substantive issue involved Rule 19 of the CCS (CCA) Rules, 1965, which governs the removal of government servants on the ground of conduct leading to conviction on a criminal charge.

The court also applied the administrative law principle that statutory or competent authorities must dispose of pending representations through reasoned and speaking orders within a reasonable period.

The Tribunal noted the procedural history, specifically that the Applicant’s removal was predicated solely on a conviction that has since been overturned by the High Court.

The Tribunal observed that although the Applicant had filed multiple representations seeking the restoration of his terminal dues and the regularisation of his suspension and removal periods (from 2001 to 2013), the respondents had failed to pass any orders for over six months.

Rather than adjudicating the merits of the entitlements, the Tribunal found it appropriate—with the consent of both parties—to compel the administrative authority to perform its duty of deciding the pending representations.

It directed the competent authority among the respondents to consider and dispose of the Applicant’s representations by passing a reasoned and speaking order.

The order must be passed as expeditiously as possible, preferably within six weeks from the date of receipt of a certified copy of the judgment.

M.A. No. 1493/2026 for exemption was allowed.

No costs were awarded.