MANOJ KUMAR BARMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE case of the applicant is that - he joined the N.F. Railway on 29.1.1975 as Relieving Goods Clerk and posted at New Guwahati. Thereafter, he was promoted to the rank of Senior Goods Clerk in the Department on 11.10.1986 and subsequently on 1.3.1993, he was promoted to the post of Head Goods Clerk. Further he stated that while he was working in Guwahati in the said capacity, he received memorandum of charge dated 20/24.1.2003 issued by the Divisional Commercial Manager, N.F. Railway, Guwahati directing him to submit his written statement in defence against the charge leveled against him which reads as under:

(2.) BEING aggrieved with the said notice, applicant approached before this Tribunal vide O.A. No. 106 of 2010 and the said O.A. was dismissed as being withdrawn vide order dated 30.4.2010. However, liberty was granted by this Tribunal to take appropriate steps in case any adverse orders are passed against him.

(3.) THE official respondents by filing their written statement contested the matter. In the written statement, it was stated by the respondents that the enquiry was conducted without taking into account some documents. Accordingly, the re -enquiry was necessary under administrative reason for public interest and interest of clean administration. It was further stated by the respondents in their reply that the CBI had conducted the check of the Goods office. New Guwahati and registered the case. Original relied upon documents were also seized by CBI, and after registration of the case, CBI handed over the case to the Central Vigilance Commission (CVC in short), New Delhi for necessary action. They narrated the facts of the case as under: