UNION OF INDIA Vs. RAM BAHOR YADAV

JUDGEMENT

(1.) HEARD Shri Saral Srivastava appearing for the Union of India and others-the petitioners. Shri Ram Avatar Varma and Shri Kirtikar Pande have appeared for Shri Ram Bahor Yadav-respondent no.

(2.) THE petitioner was appointed as a 'booking Clerk' on 27. 7. 1986 and was posted at Izzat Nagar Division in North Eastern Railway. He was transferred to Varanasi in the year 1990 and was thereafter posted as 'head Booking Clerk' in the year 2004. He was charge sheeted on 27. 7. 2006 with the allegations of his involvement along with Shri Rajendra Prasad and Shri Satyabrat Tiwari in the sale of forged tickets from Azamgarh to Lokmanya Tilak Terminus. THE facts were confirmed in an enquiry at Azamgarh Station from 23. 12. 2005. It was alleged that the tickets were provided by the petitioner and that he used to collect the money from its sales. THE conduct of the petitioner was found to make his integrity doubtful and was also found to be a misconduct under Rule 3. (1) and sub rules (i), (ii) and (iii) of the Railways Service (Conduct) Rules 1966.

(3.) THE petitioner, instead of filing an appeal under Rule 18 (11) of the Railways Servants (Discipline & Appeal) Rules 1968 straightaway challenged the order in Original Application No. 479 of 2007 in the Central Administrative Tribunal. After exchange of pleadings, the Tribunal observed that the first main ground taken by the counsel for the applicant was the competence of a retired railway officer to be appointed as enquiry officer. Secondly, it was contended that the respondent no. 4 namely, Dr. V. K. Singh, Divisional Commercial Manager, North Eastern Railway, Varanasi was not competent to dismiss him as his promotion in the grade of Rs. 5000-8000 was made by the D. R. M. (P ). THE disciplinary enquiry was also assailed on the ground that no reasonable opportunity of hearing was given to the applicant.