Patna High Court
Rakesh ManiversusThe Union of India
- Decided
- Disposal
- DISPOSED
Holding
The High Court quashed the CAT order dismissing the application and remanded the matter to the CAT for a merits determination.
Summary
Rakesh Mani, an assistant at ICAR, filed a writ petition challenging a CAT order that dismissed his disciplinary application on the ground of limitation under Section 21 of the Administrative Tribunal Act, 1985, and also contesting the appointment of an ad‑hoc disciplinary authority under Rule 12(2) of the CCA Rules, 1965. The High Court examined whether the limitation provision was applicable and whether the Secretary’s reliance on Rule 12(2) for appointing an ad‑hoc authority was legally sound. It found that the CAT had not properly considered the validity of the ad‑hoc appointment and that the limitation argument was premature as the disciplinary proceedings were ongoing. Consequently, the Court stayed the impugned orders and, with the parties’ consent, quashed the CAT order dated 02‑08‑2024. The matter was remanded back to the CAT for a merits hearing, with a directive to dispose of it within six months. The writ petition was thereafter disposed.
Issues considered
- Whether the dismissal of the original application by the CAT was barred by the limitation period under Section 21 of the Administrative Tribunal Act, 1985.
- Whether the appointment of an ad‑hoc disciplinary authority under Rule 12(2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, is valid in the absence of a regular Director.
- Whether the CAT erred in not examining the statutory basis for the ad‑hoc appointment.
Legislation cited
Subjects
- limitation
- administrative tribunal
- disciplinary proceedings
- ad‑hoc disciplinary authority
- ICAR
- writ petition
- quash
- remand
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15691 of 2024
======================================================
Rakesh Mani S/o Girija Nandan Mani, R/o Ujhandi, H.No. 359, Near Arubi
Jabik Karkhana, Kali Sthan, P.S.- Jamui, P.O. Jamui, District- Jamui- 811307
(Bihar). At present posted as Assistant under inquiry at Krishi Vigyan Kendra,
Lalganj Itarhi Road, Buxar - 802103 (Bihar).
... ... Petitioner
Versus
1. The Union of India through the Secretary, Indian Council of Agricultural
Research, Ministry of Agriculture and Farmers Welfare, Krishi Bhawan, Dr.
Rajendra Prasad Road, New Delhi- 110001 (India).
2. The Director General, Indian Council of Agricultural Research, Ministry of
Agriculture and Farmers Welfare, Krishi Bhawan, Dr. Rajendra Prasad
Road, New Delhi- 110001 (India).
3. The Additional Secretary (DARE) and Secretary (ICAR), Krishi Bhawan,
Dr. Rajendra Prasad Road, New Delhi- 110001 (India).
4. The Deputy Director General, (NRM), ICAR- Krishi Anusandhan Bhawan-
II, Pusa New Delhi- 110012 (India).
5. The Under Secretary (Vigilance), ICAR, Krishi Bhawan, Dr. Rajendra
Prasad Road, New Delhi- 110001 (India).
6. The Director, Indian Council of Agricultural Research, Research Complex
for Eastern Region, ICAR Parisar, P.O.- Bihar Veterinary College Campus,
Patna - 800014 (Bihar).
7. Dr. Ashutosh Upadhyaya, The Then Director (Acting), Indian Council of
Agricultural Research, Research Complex for Eastern Region, ICAR Parisar,
P.O.- Bihar Veterinary College Campus, Patna- 800014 (Bihar).
8. The Vigilance Officer, Indian Council of Agricultural Research, Research
Complex for Eastern Region ICAR Parisar, P.O.- Bihar Veterinary College
Campus, Patna - 800014 (Bihar).
9. The Chief Administrative Officer, Indian Council of Agricultural Research,
Research Complex for Eastern Region, ICAR Parisar, P.O.- Bihar Veterinary
College Campus, Patna- 800014 (Bihar).
10. The Director of Ad-hoc Disciplinary Authority, ICAR-ATARI, Zone- IV,
Patna, P.O.- Sahaynagar, Patna- 801506, (Bihar).
11. The Principal Scientist and Inquiring Authority, ICAR-ATARI, Zone- IV,
Patna, P.O. - Sahaynagar, Patna- 801506, (Bihar).
12. The Administrative Officer and Presenting Officer, Indian Council of
Agricultural Research, Research Complex for Eastern Region, ICAR Parisar,
P.O.- Bihar Veterinary College Campus, Patna - 800014 (Bihar).
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Rajesh Kumar Sinha, Advocate
Mr. Rahul Mani, Advocate
For the Respondents : Mr. Additional Solicitor General
Mr. Sunil Kumar, Advocate
Patna High Court CWJC No.15691 of 2024(16) dt.21-04-2026
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======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
16 21-04-2026 Heard learned counsel for the parties.
2. The present writ petition has been filed against
the order dated 02.08.2024 passed by the learned Central
Administrative Tribunal, Patna Bench, Patna (hereinafter
referred to as “CAT”) in O.A. No. 050/00619 of 2024, whereby
and whereunder the said original application has been dismissed
being barred by limitation, as per Section 21 of the
Administrative Tribunal Act, 1985.
3. At this juncture, we would hasten to reproduce
the earlier order dated 28.10.2024 by which notices were issued
to the respondents hereinbelow:
“The petitioner has assailed the order of the
Central Administrative Tribunal, Patna Bench, Patna
(for short 'CAT') dated 02.08.2024 by which the
petitioner's Original Application No. 050/00619 of
2024 was dismissed.
2. The petitioner has assailed the order dated
04.08.2022 of the Additional Secretary (DARE) and
Secretary (ICAR) it reads as under:-
"INDIAN COUNCIL OF AGRICULTURAL RESEARCH
Krishi Bhavan, Dr. Rajendra Prasad Road, New Delhi-110001
F.No 3-1/2018-DA&A Dated 04 August, 2022
ORDER
Patna High Court CWJC No.15691 of 2024(16) dt.21-04-2026
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Whereas the disciplinary proceedings under
CCS (CCA) Rules, 1965 is to be initiated against Shri
Rakesh Mani, Assistant at ICAR Research Complex for
Eastern Region, Patna.
Whereas the Disciplinary Authority in respect of
Shri Rakesh Mani is the Director, ICAR Research
Complex for Eastern Region, Patna. The post of
Director in the Institue is presently held by Acting
Director not vested with statutory powers.
Whereas the Secretary, ICAR considers that an
Ad-hoc Disciplinary Authority under Rule 12 (2) CCS
(CCA) Rules, 1965 should be appointed to process the
case further.
Now therefore the Secretary, ICAR in exercise of
the powers conferred by the President, ICAR vide
Council's Order No. 4(1)/2008-Vig (D) dated
083.02.2008 hereby appoints Dr. Anajani Kumar,
Director, ICAR-ATARI, Patna as the Ad-hoc
Disciplinary Authority till further orders.
(Sanjay Garg)
Addl. Secretary (DARE) & Secretary (ICAR)"
3. Admittedly, there is no regular holder
of the post of Director, ICAR who is the Disciplinary
Authority to initiate departmental proceedings against
the petitioner Shri Rakesh Mani, Assistant. By virtue of
order dated 04.08.2022 ad hoc Disciplinary Authority
has been appointed, namely, Dr. Anajani Kumar,
Director, ICAR, Atari, Patna as ad hoc Disciplinary
Authority till further orders while invoking Rule 12(2)
Central Civil Services (Classification, Control and
Appeal) Rules, 1965 (for short 'CCA Rules, 1965').
Reading of Rule 12(2) of CCA Rules, 1965, it is not
relating to appointment of ad hoc Disciplinary
Authority. Statutory power which have been vested with
particularly officer, he alone is required to exercise
such quasi judicial powers unless sub-delegated to his
sub-ordinate and statue provide for such sub-
delegation. In the present case, In-charge, Director
cannot be appointed as ad hoc Disciplinary Authority.
Patna High Court CWJC No.15691 of 2024(16) dt.21-04-2026
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4. The Additional Secretary (DARE) and
Secretary (ICAR) has invoked wrong provision, namely,
Rule 12(2) of CCA Rules, 1965. The same has not been
examined by the CAT.
5. Learned counsel for the respondents India on
instruction submitted that there is a delay in filing
Original Application before the CAT. Question of delay
would not arise in view of the fact that disciplinary
proceedings have yet to attained finality. In other
words, it is a continuing cause of action till
disciplinary proceedings are concluded.
6. Taking note of these facts and circumstances,
the petitioner has made out a case so as to interfere
with the impugned orders dated 02.08.2024 and
04.08.2022 are stayed till next date of hearing.
7. Respondents are at liberty to file
Interlocutory Application for vacating the present
interim order, if they so desire.
8. Respondents are permitted to file counter
affidavit, if any, before the next date of hearing.
9. Relist this matter on 09.12.2024.”
4. In view of the aforesaid, the learned counsel for
the parties are in agreement that a quietus can be given to the
present case, if the matter is remanded back to the learned CAT
for being heard on merits.
5. In view of the express consent of the learned
senior counsel / counsel for the parties, we deem it fit and
proper to quash the order dated 02.08.2024, passed in O.A. No.
050/00619 of 2024 and remand the matter back to the learned
Patna High Court CWJC No.15691 of 2024(16) dt.21-04-2026
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CAT for deciding the same on merits. However, in view of the
fact that the matter is lingering since a long time, we would
request the learned CAT to finally hear and dispose of the
aforesaid original application preferably within a period of six
months from today.
6. It is needless to state that for a period of four
weeks, the interim order dated 28.10.2024 passed in the present
case shall continue so as to enable the petitioner to file
appropriate application for grant of interim orders in the now
pending original application.
7. Accordingly, the present writ petition stands
disposed of on the aforesaid terms.
(Mohit Kumar Shah, J)
(Arun Kumar Jha, J)
Shahnawaz/-
U
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