ASIM KUMAR PAUL Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition as filed under Article 226/227 of the Constitution of India the order dtd. 24/7/2009 passed in OA no. 763 of 2004 by the Central Administrative Tribunal, Kolkata Bench (Tribunal in short) is assailed. While passing the impugned order the said Tribunal upheld the enhanced punishment of the original applicant as imposed by the appellate authority that is "removal from service" which has been affirmed by the revisional authority.

(2.) For effective adjudication of the instant writ petition, the facts leading to filing of the said OA are required to be dealt in a nutshell. In the year 1994 the writ petitioner was posted as Senior TNC/NH and on 6/6/1994 he was served with a memorandum containing article of charge for alleged contravention of Rule 3(1)(i), (ii) and (iii) of Railway Service Conduct Rules, 1966 ('Rules' in short) together with a statement of imputation of charge containing alleged fraudulent act with an intention to defraud the railway administration.

(3.) On the basis of the aforementioned charge and statement of imputation of charge, an in-house enquiry was held wherein the enquiry officer found that the charge as framed against the writ petitioner/ original applicant has been duly proved. The disciplinary authority after considering such enquiry report vis-a-vis the representation of the delinquent imposed a punishment of 01(one) grade below in the time scale for 02(two) years with cumulative effect which would operate to postpone future increments on the expiry of the punishment upon the writ petitioner.