RAJESH BHUTANI Vs. UOI

JUDGEMENT

(1.) This is the second round of litigation fought by Rajesh Bhutani against the Indian Railways. The first round was fought when he filed OA No.1783/1999 questioning the report of the enquiry officer indicting him of the misdemeanor alleged against him; the report being ex-parte was questioned by him on the ground that he never received a notice to attend the enquiry officer nor was the enquiry report submitted to him.

(2.) Vide order dated 21.09.2000, OA No.1783/1999 succeeded when the Tribunal noted that the address at which Rajesh Bhutani resided was B-29, West Patel Nagar, New Delhi and not B-79, West Patel Nagar, New Delhi on which address the notices were sent. It was directed by the Tribunal that fresh enquiry be held.

(3.) At the second stage, the enquiry officer duly served Rajesh Bhutani who participated at the enquiry and suffered a penalty when the disciplinary authority, agreeing with the report of the enquiry officer, inflicting a major penalty of reducing his pay in the grade of `975-1540 from `1075/- to `975/- for a period of six years with cumulative effect. The appeal filed got rejected, compelling Rajesh Bhutani to file OA No.2898/2002 which has been dismissed by the Tribunal vide impugned judgment and order dated 08.08.2003. Review attempted vide RA No.294/2003 has been dismissed vide order dated 24.10.2009.