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. 1Disciplinary proceedings under Rule 14 of the CCS (CCA) Rules, 1965, had been initiated over his alleged unauthorised absence during that period
Source reference: para. 2After 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. 2Issues
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. 1–3Whether the applicant was entitled to interest on the arrears, and, if so, on what terms
Source reference: para. 4Whether the applicant was entitled to pay fixation in the cadre of Assistant Commissioner and consequential arrears
Source reference: para. 1Law 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. 2It 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. 3It 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. 4Reasoning
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. 2–3It 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. 4The order does not separately address the request for fixation of pay in the cadre of Assistant Commissioner.
Source reference: no citationHolding
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. 4No order as to costs was made
Source reference: para. 5Original Court PDF
B RAJA AMBEDKARvsCENTRAL EXCISE AND CUSTOMS
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