GOPAL KISHAN SOTI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order of the Central Administrative Tribunal, Allahabad dated 23.3.2013 passed in Original Application No.326 of 2013, Gopal Kishan Soti Vs. Union of India & others and also challenging the memorandum of charges dated 2.11.2012 issued to the petitioner.

(2.) Briefly stated the case of the petitioner is that one Sri Sandeep Kumar Verma, Train Ticket Commissioner posted at Haridwar Railway Station of the Northern Railway was issued a charge-sheet, wherein, the allegation was that while working in the Railways, he took admission as a regular student in the Krishna College of Law, Noorpur Road, Bijnor concealing the fact of his employment in the Railways. The said Sandeep Kumar Varma was also caught during the examination by the Invigilating Team of using unfair means and was also charged with misbehaviour with the employees of the aforesaid college. A departmental inquiry was initiated against the said Sandeep Kumar Verma and the petitioner was appointed as the Enquiry Officer to conduct the said enquiry. The petitioner conducted the enquiry and during scrutiny of the Enquiry Report dated 3.4.2012 certain lapses were found by the Senior Divisional Commercial Manager, Northern Railway, Moradabad who was the Disciplinary Authority of the petitioner. It was found that during the enquiry against Sandeep Kumar Verma, the petitioner has allowed one Sri Iftikar Ahmad, an outsider, to participate in the enquiry as PW-3 while no such person had been mentioned in the charge-sheet as a witness in the list of witnesses. In the charge-sheet in the list of witnesses Sri R.D. Ram had been mentioned as PW-3. The second allegation against the petitioner was that the order-sheet of the enquiry proceedings dated 23.12.2010 and 7.1.2011 were prepared by the Charged Officer himself i.e., Sri Sandeep Kumar Verma, and was merely signed by the petitioner as the Enquiry Officer. On these allegations the Disciplinary Authority had grave doubts as to the fairness and impartiality of the enquiry proceedings on the part of the petitioner and therefore on the enquiry report dated 3.4.2012 submitted by the petitioner an investigation was conducted and the truth of the charges was also ascertained from the Krishna College of Law, Noorpur Road, Bijnor and M.J.P. Rohilkhand University, Barelly, who submitted their reports against Sri Sandeep Kumar Verma. On these facts and documentary evidence the Senior Divisional Commercial Manager, Northern Railway, Mirzapur as the Disciplinary Authority concluded that the petitioner had deliberately tried to assist the Charged Officer Sri Sandeep Kumar Verma by concealing the truth and trying to mislead the Railway-Administration by submitting a false and cryptic enquiry report dated 3.4.2012 with a dis-honest motive and for personal gain. Accordingly, a charge-sheet was issued to the petitioner on 2.11.2012 which was received by him on 17.11.2012.

(3.) The petitioner filed the Original Application No. 326 of 2013 challenging this charge-sheet. The grounds taken by the petitioner was that while acting as Enquiry Officer, his status was that of a Judicial Officer and therefore, his conduct cannot be questioned.