CAT - ['Cuttack']

Following exoneration, the absence period must be regularized as admissible leave with corresponding leave salary.

B RAJA AMBEDKAR vs CENTRAL EXCISE AND CUSTOMS

CAT - ['Cuttack']JUDGMENT: October 16, 20262 MIN READSOURCE JUDGMENT
Following exoneration, the absence period must be regularized as admissible leave with corresponding leave salary.. B RAJA AMBEDKAR vs CENTRAL EXCISE AND CUSTOMS. CAT - ['Cuttack']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant sought salary for the period from 3 August 2021 to 15 August 2022, regularisation of that period as leave, fixation of his pay in the cadre of Assistant Commissioner, and arrears with interest

Source reference: para. 1

Disciplinary proceedings under Rule 14 of the CCS (CCA) Rules, 1965, had been initiated over his alleged unauthorised absence during that period

Source reference: para. 2

After the hearing in the OA had concluded, the applicant placed before the Tribunal the Disciplinary Authority’s order dated 8 October 2026, which exonerated him of the charge

Source reference: para. 2
02

Issues

Whether, following the applicant’s exoneration, the respondents should regularise the period of absence and pay him leave salary for that period

Source reference: paras. 1–3

Whether the applicant was entitled to interest on the arrears, and, if so, on what terms

Source reference: para. 4

Whether the applicant was entitled to pay fixation in the cadre of Assistant Commissioner and consequential arrears

Source reference: para. 1
03

Law Applied

The Tribunal referred to disciplinary proceedings initiated under Rule 14 of the CCS (CCA) Rules, 1965, but identified no further statutory provision or precedent as the basis of its decision

Source reference: para. 2

It directed that the period be regularised by granting leave “as due and admissible” and that leave salary be paid according to the applicant’s entitlement under the applicable rules and law

Source reference: para. 3

It declined to award interest in the first instance because non-payment had resulted from the disciplinary proceedings, but directed that 8% interest would be payable on the arrears if payment was not made within the stipulated time

Source reference: para. 4
04

Reasoning

The applicant’s exoneration removed the disciplinary basis on which his alleged unauthorised absence had been treated as unresolved. The Tribunal therefore directed the respondents to regularise the period through leave, subject to the leave due and admissible under the applicable rules, and to pay the corresponding leave salary

Source reference: paras. 2–3

It declined the applicant’s request for immediate interest because the non-payment arose in the context of the disciplinary proceedings, but imposed conditional interest to secure compliance with its 30-day payment direction

Source reference: para. 4

The order does not separately address the request for fixation of pay in the cadre of Assistant Commissioner.

Source reference: no citation
05

Holding

The OA was allowed to the extent that the respondents were directed to regularise the period from 3 August 2021 to 15 August 2022 by granting leave as due and admissible, and to pay the corresponding leave salary within 30 days of receiving the order

No immediate interest was awarded; however, if payment was delayed beyond that period, 8% interest on the arrears would be payable and recoverable from the officials responsible for the delay

Source reference: para. 4

No order as to costs was made

Source reference: para. 5
CAT - ['Cuttack']

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B RAJA AMBEDKARvsCENTRAL EXCISE AND CUSTOMS

CAT - ['Cuttack'] · October 16, 2026

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