LAWS(ALL)-2019-5-399

SUDHANSHU VACHASPATI TRIPATHI Vs. UNION OF INDIA

Decided On May 30, 2019
Sudhanshu Vachaspati Tripathi Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Shri Bashisth Tiwari, learned counsel for petitioner and Sri Rajnish Kumar Rai, learned counsel for respondents.

(2.) Present petition has been filed assailing the order dated 13.04.2010 passed by Central Administrative Tribunal in Original Application No.777 of 2009 as well as declaring the orders dated 23.07.2007, 30.05.2008 and 23.10.2008 being contrary to the provisions of Article 311(2) of the Constitution of India and as well as the Statutory provisions contained in Railway Servants (Discipline and Appeal) Rules, 1968 and further seeking a direction to the respondents to pay the arrears of salary with effect from 15.04.1984 to 19.08.2002 in scale of Rs.200-215/- and subsistence allowance from 19.08.2002 till 23.07.2007.

(3.) Case of the petitioner in nutshell is that, he was appointed as Pointman on 12.11.1976 in Nagpur Division of Central Railway. In 1980, he was transferred to Jabalpur. As petitioner remained absent for a period from 01.02.1981 to 12.03.1981 and again from 15.02.1982 to 05.06.1983, he was served with a charge-sheet dated 31.03.1983 on 20.11.1983. Petitioner submitted a representation on 06.12.1983 to Divisional Railway Manager (P), Central Railway, Jabalpur, the Disciplinary Authority had taken action and after holding ex parte enquiry, removed him vide order dated 31.03.1984, with effect from 15.04.1984. When petitioner was removed from service, he was working in the scale of Rs.200-250/- and was drawing salary of Rs.208/- per month.