UNION OF INDIA Vs. M.MUTHIAH

JUDGEMENT

(1.) Petitioners are the respondents in OP(CAT) No.141 of 2015 on the file of the Central Administrative Tribunal, Ernakulam Bench (for short Tribunal) and the respondent herein is the applicant in the above Original Application (parties are mentioned according to their rank before the Tribunal).

(2.) At the time of filing the Original Application, the applicant was working as Senior Commercial Clerk under the Railway. He was subjected to a trap case by projecting a decoy customer for transportation of a motor bike through railway pass, based on a source information that some of the staff working at PO/NCJ are demanding and collecting more money than the actual railway dues for booking two wheelers . A departmental check was conducted at PO/NCJ on 6.11.2007. For the purpose of check, one R.Ramasamy of NCJ and Sri.Chidambaranathan HTNC/MVN were deputed as a customer and independent witness. Ramasamy was asked to book a two wheeler bearing registration No.TN74E 9497, Hero Honda Deluxe for onward transportation at PO/NCJ duly filling up a forwarding note along with a photostat copy of RC book of the above vehicle to the officer concerned. He was also handed over a sum of Rs.450/- and instructed to utilize this currency to meet the railway dues and for any specific demand for more money by the staff of parcel office. Chidambaranathan was asked to go along with Sri.R.Ramasamy to witness the transaction and over hear the conversation between Ramasamy and parcel office staff and inform the vigilance, waiting near station premises. Ramasamy was also informed regarding the packing condition and insurance charges and instructed to pay as demanded by the parcel office staff and he was informed that the approximate freight charge is Rs.210/- for booking the above two wheeler. A proceedings was drawn incorporating the details.

(3.) Thereafter then two, decoy and witness, proceeded to the parcel office and concluded the booking. Chidambaranathan informed the Vigilance Officer that the parcel office staff have demanded and collected Rs.270/- and issued receipt for Rs.255/- only. The Vigilance Office decided to conduct the check. After mutual introduction, M.Muthiah, Senior CC/NCJ, who was on duty on the parcel booking counter was subjected to check. He was asked to produce the railway cash and his private cash available with him. He produced Rs.296/- as his personal cash and Rs.22,517/- as his railway cash. His total transaction up to the time of check was Rs.22,488/- and thus he had an excess cash of Rs.29/-. He was asked to remit the excess cash and he did accordingly. When M.Muthiah was questioned regarding the excess cash and whether he had booked any two wheeler, he stated that he had booked two wheelers and he had demanded Rs.270/- for the booking of two wheeler against PWBNo.952148 and collected Rs.300/- and returned Rs.30/- as balance. But he has issued receipt for Rs.255/- only. The initial proceedings was shown to M.Muthiah and it was signed by him.