SAFDAR HUSSAIN Vs. GENERAL MANAGER, NORTH EASTERN RAILWAY

JUDGEMENT

(1.) Heard Sri Shyamal Narain, learned counsel for the petitioner and Sri A. K. Gaur for the respondents.

(2.) The petitioner has prayed for the following reliefs:-

(3.) Brief facts of the case are that the petitioner was appointed on 15.5.1995 as a Constable in Railway Protection Force in North Eastern Railway, Gorakhpur. After a periodical medical examination he was de categorized for eyesight weakness on 8.10.1999 and the Standing committee of the department on 6.7.2001 decided to absorb the petitioner as Junior Clerk. While serving as Junior Clerk, the petitioner was selected for being sent on deputation to the Vigilance department on the post of Junior clerk vide orders dated 16.8.2004 and 27.8.2004. Petitioner was again selected for the cadre post of Publicity Inspector under the Chief Public Relations Officer, North Eastern Railway, Gorakhpur and he joined on the said post w.e.f. August, 2007 in the same pay scale of Rs.4500-7000. However, on 18.1.2008, Deputy Chief Vigilance Officer (Engineering) wrote a letter through General Manager (Vigilance) to the Chief Security Commissioner, R.P.F., Gorakhpur with regard to de-categorization of the petitioner because of wrong interpretation of para -512(1) of Indian Railway Medical Manual, 2000. In reply to aforesaid letter, the Chief Security Commissioner, R.P.F., N.E. Railway, Gorakhpur wrote a letter to Divisional Security Commissioner, R.P.F. North Eastern Railways, Izzat Nagar to redraft the petitioner in Railway Protection Force. On 20.2.2008 Divisional Railway Manager (Personnel), N.E. Railway, Izzat Nagar, Bareilly issued the office order No.465 to the authorities to spare the petitioner. Against this order petitioner filed Original Application No.223 of 2008 which was disposed of on 30.1.2009 by the Tribunal along with other O.A.s. with a direction to the respondents to give adequate opportunity of hearing to the petitioner before passing any order of redrafting. Following this direction, petitioner filed a detailed representation on 14/17.3.2009 which was rejected by the Chief Security Officer, N.E. Railway, on 5.5.2009. Thereafter, the respondents issued orders dated 20.11.2009 and 8/13.7.2010 to spare the petitioner from the post of Publicity Inspector.