SHRI TIRATH KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) MA /138/2013 filed by the applicant for condonation of delay is allowed in view of the circumstances stated in the said MA. Delay condoned.

(2.) THE applicant while working as ARS/SDGM was proceeded against for issuing seven Tatkal Sewa JCR tickets to unauthorized touts with malafide intention and accepted seven requisition forms in bunches. The incident which led to the aforesaid allegations is stated to have occurred on 20 -1 -2008 at about 8.10 hours. It is alleged in the charge -sheet that the Vigilance Section received information that unauthorized travel agents are operating from PRS/SDGM in close league and nexus with reservation staff of the aforesaid reservation center. On a preventive check so conducted, it was found out that the applicant herein along with two other railway employees engaged in three reservation counters were found to have issued 16 JCR tickets to an outsider and it was further found that the said tickets were issued without collection/remittance of the railway dues from the passengers. It was found that seven Tatkal Sewa JCR tickets were generated at counter No. 2 wherein the applicant was engaged, in a continuous sequence and that the JCR tickets were issued in favour of one tout with malafide intention by depriving the rights/priority of legitimate customers standing in queue. It is also stated in the allegation against the applicant that the transaction time indicates that there was no possibility to generate so many tickets as per single transactions with every customer.

(3.) THE applicant contends that in connection with the incident alleged against him, a criminal case was registered against one Shri Girish Dharamdas under Section 143 Railway Act which provides for penalty against the purchase and sale of tickets unauthorisedly. Annexure -A/2 is the English translation of the order passed by the learned Magistrate on 24 -10 -2008. The criminal court found that 16 tickets were purchased by the aforesaid accused person using 16 requisition forms in connection with the arrangement of travel for a marriage party by engaging five persons in the queue and obtained the tickets under Tatkal Scheme. The learned Magistrate found that there is nothing illegal about purchase of railway tickets in the above manner and acquitted the accused. Learned counsel for the applicant submitted that since the criminal court has found that there was no illegality in the transaction, the inquiry officer also was convinced that the applicant has not committed any illegal act. Learned counsel further argued that the disagreement note and the decision by the disciplinary authority contrary to the said findings of the inquiry officer are arbitrary, unjust, without application of mind and are made with a prejudiced mind to punish the applicant.