-1- OA/050/00374/17 with OA/050/00376/17 with OA/050/00405/17 CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH, PATNA OA/050/00374/2017 With OA/050/00376/2017 With OA/050/00405/2017 Reserved on: 12.04.2018 Date of Order: 13.04.2018 C O R A M HON’BLE MRS BIDISHA BANERJEE, JUDICIAL MEMBER HON’BLE MR. A.K. UPADHYAY, ADMINISTRATIVE MEMBER I. OA/050/00374/2017 V.N. Ojha, Son of Laln Je Ojha, Chief Inspector of Ticket, East Central Railway, Jhajha (Bihar). ………. Applicant. - By Advocate:- Shri M.P. Dixit -Versus- 1. The Union of India through the General Manager, East Central Railway, Hajipur, P.O.- Digghi Kalan, P.S.- Hajipur, District- Vaishali at Hajipur, Pin Code- 844101 (Bihar). 2. The General Manager (Personnel), East Central Railway, Hajipur, P.O.- Digghi Kalan, P.S.- Hajipur, District- Vaishali Kalan, P.S.- Hajipur, District- Vaishali at Hajipur, Pin Code- 844101 (Bihar). 3. The Chief Commercial Manager, East Central Railway, Hajipur, PO- Digghi Kalan, PS- Hajipur, District- Vaishali at Hajipur, Pin Code- 844101 (Bihar). 4. The Diviaional Railway Manager, East Central Railway, Danapur, PO- Danapur, PS- Khagaul, District- Patna (Bihar) - 801105. 5. The Senior Divisional Commercial Manager, East Central Railway, Danapur, PO- Danapur, PS- Khagaul, District- Patna (Bihar)-801105. 6. The Senior Divisional Personnel Officer, East Central Railway, Danapur, PO- Danapur, PS- Khagaul, District- Patna (Bihar). ……… Respondents. - By Advocate(s) :- Shri B.K. Chaudhary Shri S.K. Raj -2- OA/050/00374/17 with OA/050/00376/17 with OA/050/00405/17 II. OA/050/00376/2017 1. Paulus Tirkey, Son of Late Emil Tirkey, Chief Inspector of Ticket, East Central Railway, Bakhtiyarpur, District- Patna (Bihar). 2. R.V.P. Singh, Son of Late Keshav Prasad Singh, Chief Inspector of Ticket, East Central Railway, Buxar, District- Buxar (Bihar). ………. Applicants. - By Advocate:- Shri M.P. Dixit -Versus- 1. The Union of India through the General Manager, East Central Railway, Hajipur, P.O.- Digghi Kalan, P.S.- Hajipur, District- Vaishali at Hajipur, Pin Code- 844101 (Bihar). 2. The General Manager (Personnel), East Central Railway, Hajipur, P.O.- Digghi Kalan, P.S.- Hajipur, District- Vaishali Kalan, P.S.- Hajipur, District- Vaishali at Hajipur, Pin Code- 844101 (Bihar). 3. The Chief Commercial Manager, East Central Railway, Hajipur, PO- Digghi Kalan, PS- Hajipur, District- Vaishali at Hajipur, Pin Code- 844101 (Bihar). 4. The Diviaional Railway Manager, East Central Railway, Danapur, PO- Danapur, PS- Khagaul, District- Patna (Bihar) - 801105. 5. The Senior Divisional Commercial Manager, East Central Railway, Danapur, PO- Danapur, PS- Khagaul, District- Patna (Bihar)-801105. 6. The Senior Divisional Personnel Officer, East Central Railway, Danapur, PO- Danapur, PS- Khagaul, District- Patna (Bihar). ……… Respondents. - By Advocate(s) :- Shri B.K. Chaudhary Shri S.K. Raj III. OA/050/00405/2017 Manish Kumar, Son of Late Ram Naresh Singh, Reservation Supervisor-II, East Central Railway, Danapur, District- Patna (Bihar). ………. Applicant. - By Advocate:- Shri M.P. Dixit -Versus- 1. The Union of India through the General Manager, East Central Railway, Hajipur, P.O.- Digghi Kalan, P.S.- Hajipur, District- Vaishali at Hajipur, Pin Code- 844101 (Bihar). -3- OA/050/00374/17 with OA/050/00376/17 with OA/050/00405/17 2. The General Manager (Personnel), East Central Railway, Hajipur, P.O.- Digghi Kalan, P.S.- Hajipur, District- Vaishali Kalan, P.S.- Hajipur, District- Vaishali at Hajipur, Pin Code- 844101 (Bihar). 3. The Chief Commercial Manager, East Central Railway, Hajipur, PO- Digghi Kalan, PS- Hajipur, District- Vaishali at Hajipur, Pin Code- 844101 (Bihar). 4. The Diviaional Railway Manager, East Central Railway, Danapur, PO- Danapur, PS- Khagaul, District- Patna (Bihar) - 801105. 5. The Senior Divisional Commercial Manager, East Central Railway, Danapur, PO- Danapur, PS- Khagaul, District- Patna (Bihar)-801105. 6. The Senior Divisional Personnel Officer, East Central Railway, Danapur, PO- Danapur, PS- Khagaul, District- Patna (Bihar). ……… Respondents. - By Advocate(s) :- Shri B.K. Chaudhary Shri S.K. Raj O R D E R Per Mr. A.K. Upadhyay, A.M.:- The grievance in the three OAs is identical and arising out of the same impugned No. 465 of 2017 dated 13.06.2017 by which the applicants have been transferred from Danapur Division to different divisions allegedly on the ground of misconduct found during vigilance enquiry. 2. It is admitted position that all the three applicants belong to ticket checking category. The brief facts of the three OAs are as follows:- OA 374/2017 The applicant in this case was working as Dy. Chief Inspector of Tickets at Rajendra Nagar and on promotion he was posted as Chief Inspector of Tickets (CIT) at Patna vide order No. 307/2017 dated 13.04.2017. By order No. 465/2017 dated 13.06.2017 he was -4- OA/050/00374/17 with OA/050/00376/17 with OA/050/00405/17 transferred from CIT, Patna to CIT, Jhajha which has been challenged in this OA. Subsequently, on the same ground of vigilance he was transferred by order No. 415/2017 dated 06.07.2017 which was strongly challenged by the learned counsel for the applicant Shri M.P. Dixit. OA No. 376/2017 The first applicant in this case P. Tirkey has been transferred from the post of CIT, Rajendranagar to CIT, Bakhtiyarpur, and the second applicant Shri R.B.P. Singh from the post of CIT, Rajendranagar to CIT, Buxar by order No. dated 13.06.2017. The order states that he has been transferred with vigilance’s recommendation. Subsequently, the applicants were transferred inter-divisionally by office order no. 415 of 2017 dated 06.07.2017 to Sonepur and Samastipur divisions respectively. OA No. 405/2017 The applicant in this case was transferred vide order No. 450 of 2017 dated 07.06.2017 from the post of RS II, Buxar to the post of RS II (Twitter Cell), Danapur vide order No. 450 of 2017 dated 07.06.2017 on Vigilance recommendation. Thereafter, by order No. 415 of 2017 the applicant was transferred inter-divisionally from Danapur to Samastipur on Vigilance recommendation. -5- OA/050/00374/17 with OA/050/00376/17 with OA/050/00405/17 3. The learned counsel for the applicant Shri M.P. Dixit strongly challenged the inter-divisional transfer order on the following grounds:- (i) The authority has issued the transfer order on the dictates of an outsider. He cited judgments in the case of Bahadur Singh Lakhubhai Gohil Vs. Jagdishbhai M. Kamaila & Ors. reported in 2004(2) SCC 65 and in the case of Vinod Kumar Singh Vs. State of Bihar 2008(1) PLJR 547 to the effect that if any decision is taken by the statutory authority on suggestion of a person who has no statutory role to play the same would be ultra vires. (ii) The applicants have been transferred once on vigilance recommendation to some other place within the Divsion. Therefore, they cannot be transferred again on the same ground to a different division in a short time. (iii) Shri Dixit also stated that the order states the word “misconduct” which is different from “malpractices”. Therefore, the RBE No. 250 & 251 of 1998 does not apply on them. 4. The respondents have filed separate written statements in the three cases. The allegations in all the cases are of similar nature. In OA 374 of 2017 it has been stated that while the applicant was performing duty as Coach Conductor in assigned coaches in Rajdhani Exp. 12309/12310, on various dates he had shown passengers turned up in train working chart, booked passengers on Freedom Fighter pass numbers which had no valid existence. The -6- OA/050/00374/17 with OA/050/00376/17 with OA/050/00405/17 applicant had tampered the working chart of the coach subjected to Vigilance check of Train No. 12309 dated 08.05.2016 by replacing the original copy to suppress the irregularity. 5. In OA No. 376/2017 it has been stated in the written statement that while performing duty as Coach Conductor in their assigned coach in Rajdhani Exp. No. 12309/12310 on various dates, the applicants had shown passengers turned up in train working charts, booked on such Freedom Fighter Pass numbers which have no valid existence for illegal carrying of passengers with ill intention. It has been further stated that Shri Paulus Tirkey turned up the same passenger booked on two different berths on ‘0’ value in the same coach holding one Freedom Fighter pass number with same passenger profile. Shri RVP Singh tampered the train working chart of the coach subject to Vigilance check of Train No. 12309 dated 08.05.2016 by replacing the original copy to suppress the irregularity detected during the check. 6. In OA No. 405/2017 it has been stated in the written statement that on 02.06.2017 a vigilance check was conducted in which irregularities were detected due to which the authorities decided to transfer the applicant inter-divisionally. It has been alleged on the basis of CRIS data that about 24 imaginery/invalid Freedom Fighters Pass number were used to generate approximately 850 PNRs against which JCRTs for 1725 passengers in Rajdhani Exp. -7- OA/050/00374/17 with OA/050/00376/17 with OA/050/00405/17 No. 12309/12310 for 2nd Class AC were issued by him for ‘0’ value causing huge loss to the Railways. 7. The learned counsel for the respondents Shri B.K. Chaudhary submitted that as per the Indian Railway Establishment Code 226 a railway employee is liable to be transferred at any place. Further, RBE No. 251/1998 specifically deals with the issue of malpractices among ticket checking staff and those working in mass contact areas.