Chambers of Bhuvnesh Shukla
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Disputes arising from public employment: appointment, discipline, promotion, pay and retirement.
Public service is governed by rules, not by contract alone. Recruitment rules, conduct and discipline rules, pay rules and pension rules decide most questions, and Articles 14, 16 and 311 of the Constitution set the limits within which the employer must act.
Our Chamber acts in service matters before the Central Administrative Tribunal, the Delhi High Court and the Supreme Court. The matters concern employees of the Central and State Governments, public sector undertakings, universities and statutory bodies.
From the first memorandum to the final penalty.
Entry into service.
Disputes during service.
The end of service and after.
| Step | Time Limit | Source |
|---|---|---|
| Departmental Appeal | 45 days from delivery of the Order, under the central rules. | Rule 25, CCS (CCA) Rules, 1965 |
| Application to the Central Administrative Tribunal | One year from the final Order. | Section 21, Administrative Tribunals Act, 1985 |
| Where an Appeal or Representation Goes Unanswered | After six months without a decision, the Application must be filed within the next year. | Section 21, Administrative Tribunals Act, 1985 |
| Writ Petition in the High Court | No fixed period, but unexplained delay can defeat the Claim. | Doctrine of Delay and Laches |
Stated generally. Time limits turn on the facts and on the amendments in force; take advice on your own dates.
Central Government employees, and employees of bodies notified under the Administrative Tribunals Act, must first go to the Central Administrative Tribunal. The Tribunal’s Order can then be challenged before a Division Bench of the High Court. Employees not covered by a Tribunal go to the High Court directly under Article 226.
No. Suspension must be reviewed periodically, and in Ajay Kumar Choudhary v. Union of India (2015) the Supreme Court held that a Suspension Order should not extend beyond three months if the Charge-Sheet has not been served within that period.
Often not. In State of Punjab v. Rafiq Masih (2015) the Supreme Court held recovery impermissible in certain situations, including from Group C and Group D employees, from retired employees or those due to retire within a year, and where the excess payment was made for more than five years before the Recovery Order.
Courts and Tribunals do not rehear a Departmental Inquiry or reassess the evidence. They examine whether the Inquiry followed the rules and Natural Justice, whether the findings rest on some evidence, and whether the penalty is so disproportionate that it shocks the conscience.
Yes. An Application must ordinarily be filed within one year of the final Order. If an Appeal or Representation has been pending for six months without a decision, the Application may be filed within one year after those six months. Delay can be condoned for sufficient cause, but repeated Representations do not extend the period.
General information as of October 2026, not legal advice. Take advice on your own facts and dates.
To discuss a matter in this area, write to our Chamber with a brief outline.
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