UTPAL KUMAR NANDI Vs. GENERAL MANAGER

JUDGEMENT

(1.) THE present Original Application is preferred by the applicant under Section 19 of the A.T. Act, with the following reliefs: -

(2.) THE respondents have put in their appearance through their Counsel Mr. S. Verma who has filed their reply and through reply, it was indicated by the respondents that the applicant was removed from service vide order dated 8.8.2009. The appeal of the applicant was also considered and dismissed by the Appellate Authority and revisional order was also passed by the Revisionary Authority. While considering the appeal and revision of the applicant, the Appellate Authority and Revisionary Authority has gone through the entire records and after that they came to the conclusion that the punishment awarded by the Disciplinary Authority is correct and it does not require any interference by the Tribunal. Apart from this, it is also indicated by the learned Counsel for the respondents that the scope of judicial review is very limited in the disciplinary proceedings when there is no procedural lapses on the part of the respondents. It should not be interfered with. Not only this, it is also argued by the learned Counsel for the respondents that the applicant could have asked for the documents as the same is mentioned in the charge sheet that if charged official desires to be given access to any other documents, which are in the possession of the Railway Administration, but not mentioned in the enclosed list of documents, he should give a notice to that effect within 10 days of the receipt of the memorandum. The learned Counsel for the respondents categorically pointed out that applicant has not made any request for grant of any documents. Apart from this, the signature of the applicant was also proved and he was involved in generating fake journey -cum -reservation ticket and thereafter got it cancelled. As such, enquiry officer came to the conclusion that the applicant was found guilty of the offences therefore, the charges leveled against the applicant stands proved. As indicated earlier, that the Revisionary Authority has revised the punishment of removal from service to compulsory retirement which is also as per rules.

(3.) HEARD the learned Counsel for parties and perused the record.