AJAY KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS O.A. has been filed for issuance of direction quashing/setting aside the impugned charge sheet dated 11.6.2012 (Annexure A -1). Briefly stated the facts of the case are that as per statement of Articles of charges, while working as Booking Clerk on un -reserved window on 18.4.2006, the applicant over -charged a decoy passenger by Rs. 40/ - and another passenger by Rs. 60/ -. The applicant was therefore, suspended vide order dated 24.4.2006 in contemplation of an enquiry. Since the charge sheet could not be served for more than 3 months, the suspension order was revoked on 26.7.2006. Thereafter, the applicant was transferred from Mumbai Division of Central Railway to Lucknow Division of N.R. vide order dated 1.8.2006 and the relieving order dated 4.8.2006. In pursuance of that order, he joined at Lucknow Dn. on 17.8.2006 and was posted as Station Superintendent, Amethi vide order dated 20.9.2006. Presently, he is posted as Booking Clerk at Pratapgarh. After more than 5 -1/2 years, the applicant has been served with impugned charge sheet dated 11.6.2012. He immediately submitted a representation dated 24.6.2012, raising the point of inordinate delay (Annexure A -6).But the respondents are continuing with the enquiry in a most arbitrary and illegal manner. The entire incident took place in Mumbai Division(CR) while the charge sheet has been issued by the Lucknow Division(NR) which is without jurisdiction.

(2.) THE official respondents have vehemently contested the O.A. by filing a detailed counter affidavit to the effect that the decoy check was conducted in a very fair manner in the presence of 9 eye witnesses and there are 16 relevant documents which have been relied upon. He was placed under suspension w.e.f. 24.4.2006 which was revoked on 26.7.2006. But that does not mean that disciplinary proceedings cannot be initiated now. In respect of delay, it has been explained that in this case, two zones namely Central Railway Headquarters at Mumbai and Northern Railway Headquarter at New Delhi and Lucknow Division were involved, on account of which some delay took place in transmission of relevant papers due to involvement of four places. The charge sheet has been admittedly served upon the applicant who has also submitted his representation/ explanation. Thereafter, an enquiry officer has also been appointed on 12.7.2012 and the applicant has also nominated his defence helper namely, Baba Deen Singh/ Ex. CGC/PRG through his representation dated 24.7.2012 which has been accepted on 31.7.2012. Meanwhile, the applicant also demanded the statement of P.P. Menon, as additional document which was obtained from the concerned authority and then made available to the applicant vide letter dated 18.9.2012. As such, the enquiry is proceeding but even then the O.A. has been filed prematurely.

(3.) WE have heard the learned counsel for the parties and perused the entire material on record thoroughly.