NARESH BATRA Vs. UOI

JUDGEMENT

(1.) Naresh Batra, the petitioner herein was appointed as a Mobile Booking Clerk and in the year 2004 was posted at the Railway Booking Office, at HNZM (Hazrat Nizzamudin) Railway Station.

(2.) The Vigilance Department of the Railways claimed to have received information of ongoing malpractices at the booking office at HNZM railway station. As per the complaint, at the booking window, the persons concerned were overcharging the passengers while issuing tickets. On 25.3.2004 a vigilance team comprising of Shri S.S Bawa and Shri Ashwani Kumar Sharma both Sr.VPs/NDBH set a trap in which they associated two railway officers to act as the decoy and the shadow witness. Shri Som Pal PPR/NDLS was made to act as the shadow witness and Shri Ashish Kujur TTE/CH was to act as the decoy customer.

(3.) As planned on 25.3.2004 the two men from the Vigilance Department accompanied by the decoy and the shadow witness reached HNZM Railway Station. Sh. Ashish Kujur who was to act as a decoy passenger positioned himself in the queue at the counter No.15 of the booking office which was manned by the petitioner. When his turn reached, he asked for 3 II M/Exp. Tickets from HNZM to JSG. The petitioner allegedly demanded `1075/- from him as against the due fare of `675/- thereby charging an excess of `400/- over and above the due tariff. The vigilance team was signaled and the petitioner was subjected to a check. Shri Ram Sirkhan CBS/HNZM was called to draw the proceedings of the check, while the check was being conducted petitioner produced `70137/- as the available government cash, which as per the ITC accountant should have been ` 69798/-. Therefore, an excess of `339/- was found to be available with the petitioner. A statement of the petitioner was recorded in which he explained as under:-