RAMBHAVAN G. MAHARSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE grievance of the applicant in this O.A. relates to the disciplinary action initiated against him by issuing the Memorandum of charge dated 07 -11 -2003 (Annexure A/3).

(2.) THE events leading to filing of the present O.A. briefly are that the applicant joined the Railway Services in Grade III as PWI in the pay scale of Rs.425 -700 (R) w.e.f. 23 -8 -1982 in Bhavnagar Division. He was promoted as PWI Grade II in the pay scale of Rs.550 -750 (R) w.e.f. 01 -1 -1984. Thereafter, he was promoted as PWI Grade I in the pay scale of Rs.2000 -3200 (RP) w.e.f. 25 -10 -1988. Subsequently by Memo No.EE/839/10 Vol.4 dated 07 -8 -1997 the applicant was promoted as CPWI in the pay scale of Rs.2375 -3500 (RP) w.e.f. 01 -8 -1997. He was served with a Memorandum of charge dated 07 -11 -2003 alleging therein that while he was working as SSE (P.Way) W -RJT during the year from 01 -9 -1997 to 20 -12 -1999 failed to maintain the tally book with up to date posting, made two entries in TB No.S/2 at page 42 and 43 by manipulation after handing over the charges to Shri P.P. Chaurasiya and that he failed to hand over the materials so entered even later thus causing loss to railway revenue and was required to submit his written statement of defence. The charges levelled against the applicant in the Memorandum of charge dated 07 -11 -2003 read as under :

(3.) HEARD Shri P.H. Pathak, learned counsel for the applicant and Ms.R.R. Patel, learned counsel for the respondents. Perused the pleadings and documents annexed to the pleadings of respective parties.