N.CHANDRAKUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this original petition is against the interference declined by the Central Administrative Tribunal, Ernakulam Bench, to set aside the orders passed by the authorities at different levels, whereby punishment of compulsory retirement from service was imposed upon the petitioner because of the proven misconduct of demand and acceptance of illegal gratification while serving as Traveling Ticket Examiner ('TTE' in short), thus acting in contravention of Rule 2430 (a) of Indian Railway Commercial Manuel ('IRCM' in short) and Rule 3.1 (i, ii and iii) of Railway Services (Conduct) Rules, 1966.

(2.) The present attempt is obviously after losing the battle at five different levels involving concurrent findings. Ext. P1 order passed by the Tribunal itself was way back in November, 2015 and no explanation was offered for the delay. Still, considering the persuasive submissions made by the learned counsel for the petitioner, we found it appropriate to hear the learned counsel on merits as well.

(3.) The petitioner was working as a TTE in the Palakkad Division of Southern Railway. On coming across the serious misconduct committed by him, he was placed under suspension and subsequently transferred to the Thiruvananthapuram Division, where he joined duty. In the course of further proceedings, Annexure A5 charge sheet was issued to him, the contents of which read as follows :