LAWS(ALL)-2014-2-35

RAJENDRA PRASAD SHUKLA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD

Decided On February 24, 2014
RAJENDRA PRASAD SHUKLA Appellant
V/S
CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD Respondents

JUDGEMENT

(1.) The petitioner has challenged, by filing the present writ petition, judgement and order of the Central Administrative Tribunal, Allahabad Bench, Allahabad dated 5.4.2007, passed in Original Application No.1497 of 1998. The Tribunal has found that the punishment of reduction in the lowest stage of time scale, permanently till his retirement, with cumulative effect, imposed vide order dated 13.8.1996, as well as its affirmation in appeal, vide order dated 12.1.1998, are valid and do not suffer from any infirmity.

(2.) From the perusal of record, it transpires that disciplinary proceedings were initiated against the petitioner, while he was working as Station Master, Belatal Railway Station in Jhansi Division of Central Railway (now Northern Central Railway). The charge against the petitioner was that he submitted application for leave from 14.4.1994 to 17.4.1994 and rest on 18.4.1994, which was subsequently tempered with, by him, so as to change it from 14.4.1994 to 27.4.1994 and rest on 28.4.1994. It was also stated that though his leave application from 29.4.1994 to 30.4.1994 and rest on 1.5.1994 was rejected by the Station Superintendent, yet he absented himself from duty upto 15.5.1994. He was also charged for not obeying the directions of his immediate superior i.e. Station Superintendent.

(3.) Petitioner denied the charges levelled against him in the charge sheet and submitted that the leave application was tempered by Sri Lakhan Lal Ahirwar and Sri J.N. Tiwari etc., who were inimical to the petitioner. It was further stated that on account of malice held by aforesaid persons, petitioner had been framed, which is nothing but conspiracy against him. Various other contentions were also advanced in support of his defence including that the charge sheet had been interpolated etc.