CENTRAL ADMINISTRATIVE TRIBUNAL AHMEDABAD Order Sheet Item no.: 3 O.A./274/2026 (AHMEDABAD) [ PENSIONARY BENEFITS/DISCIPLINARY ACTION ] [ SENIOR CITIZEN ] Court No.: 1 No of Adjournment: Order Dated: 15/06/2026 DR KULDIP N SHARMA Vs HOME AFFAIRS For Applicant(s) Advocate : NAGESH SOOD For Respondent(s) Advocate : Order of The Tribunal The applicant being aggrieved with (i) the show cause notice dated 01.05.2025 (Annexure A/1) whereby he was called upon by the respondents to submit his explanation as to why his pension or a part thereof be withheld or be withdrawn 100% for a specified period or indefinitely from him under Rule 3 and Rule 6(1) of All India Service (Death cum Retirement Benefits) Rules 1958, (ii) the Order dated 02.03.2026 whereby he has been supplied with copy of UPSC advice dated 23.02.2026 recommending to impose the penalty of “withholding of 100% of his monthly pension and gratuity on permanent basis” (Annexure A/2 Colly.) and (iii) the Order dated 06.05.2026 whereby the respondents had imposed the penalty of “withholding of 100% of applicant’s monthly pension and gratuity on permanent basis” (Annexure A/3) has filed the present OA under Section 19 of the Administrative Tribunals Act, 1985 seeking relief to quash and set aside the aforesaid orders passed by the respondents and by way of interim relief restrained the respondents for implementation of the order dated 06.05.2026.

2. Mr. Nagesh Sood, learned counsel for the applicant submits since the reasons assigned by the respondents for such harsh orders of 100% of withholding of his pension and gratuity on permanent basis are not tenable under law. He submitted that the applicant herein has not been convicted for any offence of serious crime of such as corruption or moral turpitude or there is no action/ conduct on his part which can be said to be loss to public exchequer. In absence of such, the Hon’ble Supreme Court in catena of the judgments repeatedly held that the punishment of withholding of 100% pension is not permissible. Further, he submits that in show cause notice dated 01.05.2025 the respondents had called upon the applicant to submit his reply in respect to propose action of withholding of pension or a part thereof, however, UPSC has extended the scope the said show cause notice and had recommended for withholding of his gratuity as well. 3. Learned counsel for the applicant would also argue that though it was brought to the knowledge of the respondents that the Hon’ble Supreme Court in SLP (Cri.) No.17266/2025 vide order dated 03.11.2025 granted the applicant exemption from surrendering and had suspended the sentence of conviction during the pendency of his revision petition before the Hon’ble High Court of Gujarat, the same had not considered by the respondents and passed the impugned order dated 06.05.2026. Hence, this OA.

4. Heard learned counsel for the applicant and perused the material on record. 5. Learned counsel for the applicant submits that an advance copy of the OA has been supplied to the respondents through email. He insists for grant of interim relief as the applicant’s pension has been ordered to be withheld 100%, which has caused serious difficulty for him to maintained his livelihood and the same is not permissible as per various judgment rendered by the Hon’ble Apex Court. 6. Considering the aforesaid, issue ‘notice on the OA’ as well as ‘notice on Interim relief’, returnable by 29.06.2026. 7. Respondents are directed to file their short reply even in respect to grant of interim relief before the next date. 8. Learned counsel for the applicant is allowed to serve the process of notice upon the respondents through Speed posts as well as through email. 9. List the matter for further order on 29.06.2026. Dr Hukum Singh Meena Jayesh V Bhairavia Member (A) Member (J) Nilesh Khambhati ( ps )