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Orissa High Court
Union Of India vs Deepak Niranjan Nath on 10 December, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.10640 of 2025
Union of India, New Delhi
and others ... Petitioners
Mr. N. Venkatraman,
Asst. Solicitor General along
with Mr. P.K. Parhi, DSGI
-versus-
Deepak Niranjan Nath
Pandit .... Opp. Party
Mr. Tushar Ranjan Mohanty,
Advocate
CORAM:
HON'BLE MR. JUSTICE S.K. SAHOO
HON'BLE MR. JUSTICE S. S. MISHRA
ORDER
10.12.2025
Order No.
I.A. No.20345 of 2025
05. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This interim application has been filed by the
petitioners with a prayer to set aside the order dated
23.10.2025 of the learned Central Administrative
Tribunal, Cuttack (hereinafter, 'the Tribunal') with
regard to imposition of cost of Rs.20,000/- (rupees
twenty thousand) on respondent no.2, the Chairman,
Central Board of Indirect Taxes & Customs, Ministry of
Finance, Department of Revenue, New Delhi (petitioner
no.2 herein).
Copy of the order dated 23.10.2025 has not been
annexed to the interim application, which was
produced before us by Mr. P.K. Parhi, learned Deputy
Solicitor General of India in Court today and though Mr.
N. Venkatraman, learned Assistant Solicitor General
has prayed for stay of the direction of the learned
Tribunal for personal appearance of the respondent
no.2, but no such prayer has been made in the interim
application.
Mr. Parhi, learned Deputy Solicitor General of
India submits that he will file a fresh interim
application in course of the day annexing the impugned
order after serving a copy thereof on the learned
counsel for the opposite party.
In case any interim application is filed by the
petitioners, the same shall be placed before us on
12.12.2025 for orders.
The learned counsel for the opposite party fairly
submits that the opposite party is not interested in the
personal appearance of the respondent no.2, but he is
interested that the order of the learned Tribunal should
be complied with.
Since we are taking up the matter on 12.12.2025
subject to filing the fresh interim application by the
learned counsel for the petitioners, the learned
Tribunal shall not insist upon the personal appearance
of respondent no.2, the Chairman, Central Board of
Indirect Taxes & Customs tomorrow (11.12.2025).
List this matter on 12.12.2025. The matter will
be taken up at 12 O' Clock.
A free copy of this order be handed over to Mr.
P.K. Parhi, learned Deputy Solicitor General of India
appearing for the petitioners.
( S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
06. Learned counsel for the petitioners has filed an
additional affidavit in Court today annexing some
documents i.e. (i) copy of suspension order dated
22.11.2019, (ii) copy of communication of C.B.I. dated
06.01.2021, (iii) copy of sanction for prosecution dated
23.03.2022, (iv) copy of the counter affidavit filed by
the petitioners before the Tribunal, (v) copy of the
impugned order dated 26.07.2024 passed by the
learned Tribunal in O.A. No.260/00067 of 2021, (vi)
copy of charge-memorandum dated 01.11.2024 issued
under Rule 14, CCS (CCA) Rules, 1965 read with Rule 8
of CCS (Pension) Rules, 2021, (vii) copy of the
judgment dated 03.06.2016 passed by the Hon'ble
High Court of Delhi in W.P.(C) No.11860 of 2015, (viii)
copy of the order dated 22.06.2023 of the Hon'ble
Supreme Court passed in C.A. No.10166 of 2016, (ix)
copy of CVC Circular dated 25.09.2000 and (x) copy of
the service record extracts of the opposite party, list of
extensions of suspension etc., which are taken on
record.
Learned counsel for the opposite party has also
filed three paper books in Court today containing (i)
written arguments filed by the opposite party, (ii) copy
of O.A. No.67 of 2021 with annexures, (iii) copy of
rejoinder in O.A. with annexures, (iv) copy of written
arguments filed by the applicant (opposite party
herein) in the O.A. with annexures, (v) copy of the
judgment passed by the Hon'ble High Court of Delhi in
W.P.(C) No.10948 of 2019, (vi) copy of the Notification
dated 19.10.2022 of the Department of Personnel and
Training, (vii) copy of judgment of the Hon'ble High
Court of Karnataka in the case of State of Karnataka
-Vrs.- R.S. Naik reported in 1983 (3) SLR 49 (DB),
(viii) copy of major penalty charge sheet dated
01.11.2024 issued to the opposite party, (ix) copy of
Central Civil Services (Pension) Rules, 2021, (x) copy
of amendment to Central Civil Services (Pension)
Rules, 2021, (xi) copy of the order dated 08.11.2021
(Order No.34) of the Adjudicating Authority of the
Prohibition of Benami Property Transactions Act, 1988
and (xii) copy of the order dated 09.11.2021 (Order
No.35) of the Adjudicating Authority of the Prohibition
of Benami Property Transactions Act, 1988, which are
also taken on record.
( S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
RKM
Signed by: RABINDRA KUMAR MISHRA
Designation: Personal Assistant
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 10-Dec-2025 19:17:22
