UNION OF INDIA Vs. P.RAJAGOPALAN

JUDGEMENT

(1.) The Railways challenge the order of the Tribunal allowing the O.A filed by the applicant/respondent granting the retirement benefits as also the arrears of pay in terms of Annexure A3. On facts, it is to be noticed that the applicant was involved in a trap case, as set by the Central Bureau of Investigation (for short "CBI") on a complaint of a supplier of Breads and Biscuits to the licensed vendors in the Erode Railway station. The applicant at that time was working as Chief Commercial Inspector, Southern Railway, Erode. The allegation was that the applicant demanded bribe from the supplier, upon which a complaint was made to the CBI. The CBI, set the trap by making the supplier pass on the marked currency notes to the applicant, in the presence of witnesses.

(2.) The applicant was booked under the Prevention of Corruption Act and eventually the trial Court by order dated 31.05.2004 convicted and sentenced him. After the conviction was entered, the Railways issued a charge memorandum dated 23.09.2005 proposing to impose the penalty of removal from service in exercise of powers conferred by Rule 14(i) of the Railway Servants (Discipline and Appeal) Rules, 1968, for the sole reason of the conviction of the appellant. A representation from the employee was received and an order was issued on 21.11.2005 imposing a penalty of compulsory retirement from service.

(3.) Later to this, in an appeal filed by the applicant, the High Court of Madras by Annexure A11 dated 22.08.2011 set aside the conviction of the applicant and acquitted him. The applicant then made a request for reinstatement which was not conceded to by the Railways on the ground that there was an SLP filed against the said order. Subsequently, the applicant moved the Tribunal for reinstatement which was considered and allowed as per Annexure A2 dated 15.02.2013. By Annexure A3 the Railways complied with the order directing the applicant to reimburse the entire amounts received by him on compulsory retirement such as Gratuity, Commutation of Pension, Cash equivalent of leave salary, GIS etc. The applicant remitted the entire amounts as sought for by the Railways. The applicant was reinstated by Annexure A8 dated 10.09.2013 with retrospective effect from 25.05.2013. The applicant continued in service and retired on 31.05.2016. The SLP filed by the Railways was dismissed as per Annexure A16 dated 08.03.2016. The applicant has not been paid any retirement benefits, upon which he approached the Tribunal.