UNION OF INDIA (UOI) Vs. SHRI MANJUDDIN KHAN

JUDGEMENT

(1.) THIS common order will dispose of all the above noted writ petitions which have been filed against the common order dated 18th September, 2009 passed by the Central Administrative Tribunal, Principal Bench in OA 1042/2009 titled as Sh. Manjuddin Khan v. Union of India through General Manager Northern Railway; OA No. 1096/2009 titled as Sh. Raghubir Singh v. Union of India through General Manager Northern Railway; OA No. 1105/2009 in Shri Ram Dayal Meena v. Union of India through General Manager Northern Railway; OA 1116/2009 in Shri Sharif Mohd. v. Union of India through General Manager Northern Railway; OA No. 1119/2009 in Shri Kailash Chand Barwa v. Union of India through General Manager Northern Railway; OA 1140/2009 in Shri Hari Narain Verma v. Union of India through General Manager Northern Railway; OA 1219/2009 in Shri Shakrudeen Khan v. Union of India through General Manager Northern Railway; OA 1221/2009 in Shri Virender Pal Singh v. Union of India through General Manager Northern Railway; OA 1234/2009 in Shri Nissar Khan v. Union of India through General Manager Northern Railway; OA 1277/2009 in Shri Giriraj Prasad Meena v. Union of India through General Manager Northern Railway, whereby the original applications of the respondents in different writ petitions were allowed and the impugned order passed against the respondents were set aside and the petitioners were directed to reinstate the respondents in different writ petitions forthwith. The respondents were also held to be entitled to consequential benefits as admissible in law. However, the petitioners were permitted to initiate the inquiry from the stage of initiation of inquiry which was directed to be entrusted to an officer other than the officers from vigilance department of the petitioner.

(2.) THE respondents in different writ petitions are erstwhile casual workers and they were appointed as substitute Khalasi. The respondents were charge sheeted under Rule 9 of the Railway Servants (Discipline & Appeal) Rules, 1987 for gaining appointment as substitute Khalasi in connivance of Jhelum Singh, Senior Clerk and Rattan Kumar, MCC through forged casual labour service card showing the casual labour service rendered for 123 days. The charge sheets were issued to all the respondents in 1994 after a preliminary investigation conducted by the Vigilance Branch of the petitioner.

(3.) THE petitioner had contested the pleas of the respondents contending inter -alia that before imposing the punishment the procedure as per rules had been followed and the punishment imposed on respondents is commensurate with their misconduct. It was also asserted on behalf of petitioner that pursuant to the directions given in earlier original applications filed on behalf of some of the casual labours, a sympathetic view was taken by the revisional authority and the order of punishment of removal was toned down to order of compulsory retirement.