Central Administrative Tribunal Kolkata Bench

1 .;,;T ?■ I 7.- CENTRAL ADMINISTRATIVE TRIBUNAL isr1''"':' KOLKATA BENCH » ' Original Application No.350/81 of 2017, b«4 : 03-i2-iofi HOIM'BLE MRS MANJULA DAS, JUDICIAL MEMBER HON'BLE MR.N.NEIHSIAL, ADMINISTRATIVE MEMBER Sri Shankar Das, Son of Late Gopal m Das, aged about 38 years, working as a Substitute Emergency Peon under Sr.CDO/GHY, Lumding Division, N.F. Railway, now undergoing punishment. Permanent resident of Railway Quarter No.35/A, Central Colony, New Jalpaiguri, District-Jalpaiguri, Pin-734007, West Bengal, Applicant By Advocate: Mr.P.C.Das Mr.T.K.Biswas -Versus- 1. Union of India, service through the General Manager, N.F.Railway, Maligaon, Guwahati, Assam, " Pin-780011 2. The Divisional Railway Manager(P) North East Frontier Railway, Lumding Division, Lumding, Pin-782447. 3. The Senior Coaching Depot Officer, Kamakhya, North East Frontier Railway, Lumding Division, Maligaon, Guwahati, Assam, Pin-781012 , Wjm ^ 2 4. The Coaching Depot Officer, ■ Guwahati, North East Frontier Railway *$l - Lumding Division, Guwahati & Assam,Pin-781001 / 5. The Assistant personnel Officer, North East Frontier Railway, Lumding Division, Guwahati, Assam Pin-781001 6. The A.D.M.E, Kamakhya, North East Frontier Railway, Lumding Division, Guwahati, Assam, Pin-781012. Respondents By Advocate Ms.Gargi Roy ORDER Per Hon’ble Mr.N.Neihsial, Administrative Member The applicant has filed this O.A. under Section 19 of the Administrative Tribunals Act 1985, with the following reliefs:- “ 8.(a) An order do issue quashing/setting aside the impugned Charge Sheet being No.GHY/CDO/GEN/DAR dated 01.10.2013 been Annexure-‘A-4' issued CDO/GHY, N.F.Railway; b) An order do issue quashing andi/or setting aside the enquiry report dated 20.01.2014 been 4} J/lAAAyW i 3 annexure A-7’ issued by the inquiry Officer of the Respondent authority against your Applicant; Hff An order do issued quashing and/or setting : i# c) aside the impugned punishment order dated 27.03.2014 issued by the disciplinary authority been Annexure-‘A-8' alongwith the impugned reply dated 30.04.2015 issued by a under ranked officer not been the Appellate authority in pursuant to the Appeal dated 15.04.2014 been Annexure-'A- 10’. d) An order do issue directing the official Respondent authority to allow your Applicant continue his duty as Sub.E/Peon of Sr.CDO/GHY with immediate effect alongwith all consequential benefits; (e) An order directing the official Respondents to produce the file/noting in connection with the impugned issuance of charge sheet, submission of impugned enquiry report, passing of the impugned punishment order and the impugned reply to the statutory Appal passed and or issued against the Applicant alongwith all other relevant documents with an inspection to the Learned Counsel for the Applicant; f) Any other or further order or orders or direction as to Your Lordships may deem fit and proper.*’ 2. Learned counsel for the applicant prays for reliefs with legal provisions as under:- (!) For that the aforesaid impugned violation of the Respondent authority in non- considering the grievances and bonaftde reasons of the Applicant in not. been able to join his service is void of principles of natural justice. (II) For that the Respondent authority has failed to observe clarity and unbiased attitude towards considering the plea of the applicant. nn-Ji 4 (III ) For that the Respondent authority has failed to act in a manner benefitting a public '#r ; r/ representative. (IV) For that the Respondent authority has failed to upheld and safeguard the basic constitutional rights of the Applicant. (V) For that the acts and actions of the Respondent authority is vitiated with biasness and non- clandestine motives. (VI) For that the Respondents has acted in the most callous and arbitrary manner towards the Applicant (VII) For that the Applicant is undergoing a situation of forced unemployment which was to be avoided in a civilized legal system. (VIII) For that the Applicant's family members are also being deprived of their basic means of life as their lives were also dependent upon the earnings of the Applicant herein. (IX) For that the Respondent authority has been grossly unjust and unethical towards iheir treatment of the Applicant and the grievances of the Applicant and his dependant Family members. (X) For that the Respondent authority has grossly abused the cardinal provisions of law in not issuing a show cause for the alleged absenteeism of the Applicant before issuing the impugned charge sheet. (XI) For that the Respondent authority in issuing the impugned charge sheet against the Applicant has violated the envisaged provisions of law. (XII) For that the Respondent authority acted biasedly in concluding the impugned enquiry proceeding on 20.01.2014 hastily and also j submitting the impugned enquiry report on the even date. ^Tv 5 (XIII) For that the Respondent authority acted vindictively is not allowing the Applicant to prefer his representation against the final show cause letter dated 13.02.2014 and without allowing so, the Respondent authority most illegally and with a. malafide intent had terminated the service of the Applicant. (XIV) For that the punishment order issued by the Respondent authority in respect of the impugned charge sheet terminating the service of the Applicant is disproportionate punishment and cannot be sustained in the eye of law. (XV) For that the Respondent authority in the impugned punishment order dated 27.03.2014 have not in cooperated the true and actual fact happened and occurred during the impugned enquiry proceeding. (XVI) For that the Respondent authority most unlawfully had tried to dispose of the Appeal of the Applicant dated 15.04.2014 through an officer below the rank of the designated Appellate authority. (XVII) For that the Respondent authority without corroborating any relevant witness and/or documentary evidences had purportedly arrived at a erroneous finding thereby proving the alleged allegation of unauthorized absenteeism against the Applicant and further imposing a biased discriminative punishment terminating the service of the Applicant. (XVIII) For- that the Respondent authority without incorporating any listed witness in the impugned charge sheet had went ahead to prove the alleged allegation in violation to the settle principles of law. (XIX) For that the Respondent authority without approval of the competent authority had issued an order of terminating the service of the Applicant and further affirmed the same before the Appellate authority. 6 A ■ is# (XX) For that the disciplinary authority including the Appellate authority while acting as a quassi judicial authority failed to appreciate the preponderance of the alleged charges levelled against the Applicant and without application of judicious mind has acted mechanically against the Applicant. (XXI) For that an unsancfioned absenteeism of the Applicant which has reliable and justified cause but the disciplinary authority including the Appellate authority has termed the same to be an unauthorized absent without considering the relevant fact of the matter. (XXII) For that the disciplinary authority including the Appellate authority has acted mechanically without going into the merit of the case and provided ample opportunity before imposing the punishment of removal from service of the applicant from the Respondent authority. (XXIII) For that the punishment imposed upon the Applicant by the disciplinary authority and affirmed by Appellate authority from removal from service is actually a, disproportionate punishment which cannot be sustained in the eye of law as well as in terms of the settle principles of law. (XXIV) for that the enquiry proceedings initiated by the disciplinary authority and the adjudication process of the Appellate authority in the instant matter against the Applicant is an utter violation of the principles laid down by the Supreme Court of India in the case of M.V.Vijlani reported in SCC 2006(5)88. (XXV) For that being aggrieved and dissatisfied at the non -clandestine method of behaviour and attitude of the Respondent authority the Applicant is presently passing through a serious situation of financial crisis . and dilemma with regard to his career and maintains his family. ii 0 7 ' * .> vt (XXVI) For that the Respondent authority herein I ought to have acted in manner befitting a public d' *4 entity and should have considered the bonafide £?■ grievances of the Applicant for not reporting of his office. (XXVil) For that otherwise the act and acY\ons of the -Respondent authority in passing the impugned punishment order dated 27.03.2014 and in disposing the Appeal through a reply dated 30.04.2014 is itself bad in law and is liable to be set aside and quashed. 3. The respondent authorities filed their written statement on 8.6.2017 and the applicant submitted his rejoinder to the written statement on 14.12.2017. 4. The respondent authorities has brought out at Para 7 as under:- “ The Inquiry officer fixed the following dates for inquiry duly intimated to the charged employee. Sl.No. Date of inquiry fixed Attended/Not Remarks attended 1. 29.11.2013 Not attended 2. 13.12.2013 Attended Attended but prayed for another 7 days time for submission the name of his defence counsel and consent letter of defence counsel. 3. 20.12.2013 Attended without Attended without defence defence counsel counsel and prayed for another 07 days extension of enquiry. 4. 20.01.2014 Not attended Last time opportunity also failed to attend by the CO. and his \ defence counsel. " This is as per record available in the inquiry report submitted by LO. From the above, it is seen that ample opportunity was given to the > A/A/A// 8 • L*..- .»------</-? charged employee to attend in the inquiry, viewing natural justice in his case, but he >• failed to do so." & P 5.

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