Nagpur: The Central Administrative Tribunal (CAT), Nagpur Bench, comprising members J. S. N. Shrivastava and J. M. G. Sewlikar, has quashed the departmental inquiry initiated against Ajaykumar Shrivastava, Enforcement/Accounts Officer of the Employees’ Provident Fund Organisation (EPFO), Nagpur.
The EPFO had issued a memorandum and statement of charges alleging that Ajaykumar failed to identify the voices of two officers—Regional Provident Fund Commissioner-II Surendra Azad and EO/RO Ajay Pahade—who were arrested in a CBI trap case under the Prevention of Corruption Act. Since Ajaykumar had worked with them, he was deputed to confirm the voice recordings captured during the trap proceedings. However, when called as a witness before the CBI Special Court, Nagpur, he refused to confirm the voices.
On this basis, the EPFO, at the behest of the CBI, charged him with misconduct, accusing him of acting unbecoming of a government servant and violating provisions of the CCS (Conduct) Rules, 1964 and EPF Regulations.
Challenging this, Ajaykumar filed an Original Application before CAT. His counsel, Advocate Surabhi Naidu (Godbole), argued that merely turning hostile in court did not amount to misconduct, nor was there evidence to show that his testimony alone led to the acquittal of the accused. She further pointed out that no perjury proceedings under Section 191 IPC had been initiated by the Special Court, CBI, Nagpur, which meant that the departmental inquiry had no legal basis.
After hearing arguments, the CAT Bench accepted the contentions and quashed the departmental inquiry against Ajaykumar Shrivastava.
Advocates Prakash Naidu, Surabhi Naidu (Godbole), Joseph Bastian, and Dhruv Sharma appeared for the applicant.