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CAT refuses to stop disciplinary action against Bihar IPS officer Aditya Kumar

Reported by Manish Reddy (Senior Writer) · Bar and Bench ·

Verified — Confirmed by a second source: LawChakra

Confirmed by a second source: LawChakra

Important
CAT refuses to stop disciplinary action against Bihar IPS officer Aditya KumarPhoto: Wikimedia Commons

Tribunal Decision

The Patna Bench of the Central Administrative Tribunal has refused to quash disciplinary proceedings against Bihar cadre Indian Police Service officer Aditya Kumar. He faces accusations of taking part in a conspiracy to impersonate a former Chief Justice of the Patna High Court to put pressure on senior police officials. Judicial Member Justice Narendra Kumar Johari and Administrative Member Kumar Rajesh Chandra heard the case, reserving judgment on September 30, 2026, and delivering the order on October 13, 2026, with Member Chandra authoring the ruling.

Inquiry Timeline

The Tribunal held that a pending criminal case does not stop the government from looking into misconduct through departmental proceedings. It noted that criminal cases and departmental inquiries work in different fields with different standards of proof, where criminal matters need proof beyond all reasonable doubt while departmental matters rely on the preponderance of probability. The Tribunal also stated that the timing of a charge memorandum does not prove bad faith by itself. According to LawChakra, the State has been asked to try to finish the inquiry within six months. The Tribunal rejected the challenge to the charge memorandum and held that his promotion claim cannot be decided at this stage.

Context

Central Administrative Tribunals handle disputes and complaints regarding recruitment and conditions of service for persons appointed to public services and posts in connection with the affairs of the Union or of any State. When government officers face serious criminal accusations or departmental charges, service rules allow authorities to place them under suspension while official inquiries are carried out. Courts and tribunals generally do not interfere at the early charge-sheet stage unless there is a clear lack of jurisdiction or proven bad faith.

ExplainerWhy this matters

What Happened

Bihar cadre IPS officer Aditya Kumar challenged a charge memorandum served against him by the state government, seeking relief from the Central Administrative Tribunal. The CAT rejected his plea, allowing disciplinary proceedings and a separate inquiry to move forward while noting that criminal and departmental proceedings can happen at the same time.

Why It Matters

This case highlights the legal separation between criminal investigations and internal departmental proceedings for public servants in India. It reinforces the principle that administrative bodies will not lightly interfere with the executive branch's power to discipline its officers unless clear legal bars or proven bad faith exist.

What Happens Next

The State government will proceed with the departmental inquiry, aiming to finish it within six months. The officer must take part in the proceedings and cooperate with the inquiry officer, or risk the state proceeding without him.

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