On 13 October 2026, the Patna Bench of the Central Administrative Tribunal (Justice Narendra Kumar Johari, Judicial Member, and Kumar Rajesh Chandra, Administrative Member) declined to quash a charge memorandum issued in March 2025 against an IPS officer under the All India Services (Discipline and Appeal) Rules, 1969. The order was passed in O.A. 050/00389/2025.
What was decided
The officer argued that the charge memo was delayed and mala fide, and that a criminal case registered by the State’s Economic Offences Unit in 2022 on related allegations should bar parallel departmental action. He also sought consideration for promotion.
The Tribunal found no jurisdictional defect, no lack of competence in the issuing authority and no demonstrated mala fide. It observed that “chronology or proximity in time, by itself, does not establish mala fide”. It treated the criminal case and the departmental proceedings as distinct, distinguishing an earlier decision because those charges related to official duties whereas these concerned personal conduct.
At the same time, it accepted that delay “may legitimately call for explanation” and directed the State to conclude the inquiry within six months, with a fair opportunity of defence. If the officer does not participate, the authorities may proceed ex parte, but his non-cooperation should not be used to prolong the matter. Promotion relief was left open and the merits were left to the disciplinary authority.
Why it matters
IAS, IPS and IRS officers, and UP state officers, often face a criminal case and a charge memo on overlapping facts. Tribunals and High Courts generally allow both to proceed unless the charges and evidence are substantially identical and complex, and the defence in the criminal case would be prejudiced. This order applies that approach and also signals that long-pending inquiries can be time-bound.
Delay and mala fide are difficult grounds at the threshold. Participation in the inquiry, with a reasoned written statement of defence, is often the more practical course while preserving objections.
Practical points
- Compare the charges and evidence in the criminal case and the charge memo before seeking a stay.
- File the written statement of defence within the time allowed under Rule 8 of the AIS (D&A) Rules, or seek an extension in writing.
- Where the inquiry is delayed, ask for a time-bound direction.
- Keep promotion and sealed-cover issues in view as the inquiry progresses.
Sources: CAT Patna order via Bar & Bench, 13 October 2026; Indian Masterminds, 27 October 2026.
For a confidential discussion on departmental proceedings and charge memos, see Prevention of Corruption Act, CBI and vigilance matters.
General legal information only; not legal advice or solicitation.
