RAM KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) PRESENT original application is preferred by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

(2.) THE respondents filed their reply. Through reply it was pointed out by the respondents that during preventive check conducted by the Vigilance Department on 04.07.2000 it was detected that the applicant who was working as Booking Clerk due to lack of his sincerity caused loss to the railway administration. As such, the applicant failed to maintain absolute integrity, devotion to duty and acted in a manner of unbecoming of a railway servant, therefore, a major penalty charge sheet dated 14.12.2000 was issued by the Divisional Commercial Manager, Lucknow being Disciplinary Authority of the applicant. After receipt of the defence reply the Enquiry Officer was appointed and subsequently the Enquiry Officer was changed on administrative grounds. Another Enquiry Officer, Sri P.S. Kapoor was appointed on 14.08.2001 who submitted his finding on 28.09.2004. The applicant failed to submit reply to the Enquiry officers Report within the stipulated period of 10 days. Accordingly the case was decided ex parte by the Senior DCM by taking into consideration the materials available on record and awarded punishment of reduction of pay from the existing grade of Rs. 5500 -9000 to initial grade of Rs. 3200 -4900 for a period of 5 years with cumulative effect. The applicant preferred an appeal and the said appeal was also considered and decided by the appellate Authority on the basis of the materials available on record. The Appellate Authority set aside the punishment and ordered further enquiry from the stage of written statement. Accordingly another Enquiry Officer was appointed and after conducting full -fledged enquiry he submitted the report on 17.08.2006 proving the charges. The report of the Enquiry Officer was duly served upon the applicant for submitting representation and after receipt of the representation dated 20.09.2006 impugned punishment order was issued for reduction of initial grade of Rs. 3200 -4900 for a period of two years with cumulative effect. The applicant thereafter submitted his appeal on 20.11.2006 and the said appeal was also considered and rejected on 15.03.2007. Ld. Counsel for the respondents also categorically pointed out that since full -fledged enquiry was conducted and the applicant was given full opportunity to appear in the departmental proceeding, as such, nothing requires to be adjudicated in this case. The scope of judicial review in the disciplinary matters is not called for, as such the original application is liable to be dismissed.

(3.) HEARD ld. Counsel for the parties at length and perused the pleadings and materials available on record.