ALOK DEY ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned advocates appearing for the parties.

(2.) Assailing the order dated July 31, 2008 passed in O.A. No. 756/2008 by Central Administrative Tribunal, Calcutta Bench, this writ application has been filed. The issue involved herein is on a very short question whether on cancelling a first charge-sheet as issued in a departmental proceeding second charge-sheet could be issue without disclosing the sufficient reasons while issuing the second charge-sheet on dropping the first disciplinary proceeding. The writ petitioner is a Railway employee and is controlled by the regulation framed by the Railway Authority. The Railway Board has framed a rule on issue when any departmental proceeding is dropped and subsequently proceeding is initiated by a fresh charge-sheet. Railway Board has framed the guidance and necessary action and it ultimately became a rule by incorporating the same in the Manual under Index No. 1033. The relevant communication of the Railway Board and the Index No. as it appears from the circular letters submitted before us being the circular letter issued for Chief Personnel Officer being No. 308/O/Vol. XV dated Calcutta, the January 17, 1994 under Serial No. 10/94 read with the Railway Board's letter No. E(D&A)93 RG6-83 dated December 1, 1993 (RBE No. 171/1993) addressed to G.M. (P), All Indian Railways and Others, reads such:

(3.) It is an admitted position that the first charge-sheet as issued by issuing a memorandum No. SDA/VIG/875 dated December 20, 2005 containing statement of article of charges and the list of the documents as to be relied upon including the list of witnesses was withdrawn by letter No. SDA/VIG/875 Sealdah dated August 30, 2006 by the Divisional Operations Manager without prejudice to the liberty to issue a fresh major penalty memorandum on the same charge and the subsequent charge memo issued under Memo No. SDA/VIG/875 dated October 5, 2006/October 10, 2006 is on the identical charge with identical statement of imputation of misconduct and other particulars.