BISWANATH MUKHERJEE Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) C.O. 8820(W) of 1985 was filed in the Calcutta High Court on 21.6.1985 praying (i) for the quashing of the impugned order dated 6.11.1979 through which a chargesheet was issued to the applicant annexure -D), order dated 24.6.1980 regarding adjustment of Rs. 4292.05 issued as overpayment made to the applicant (Annexure -F), order dated 23.5.1985 regarding assessment of overpayment made to the applicant Annexure -L/1), memo dated 23:5.1985 regarding overpayment of more m Rs. 13,000/ - to be recovered from the applicant (Annexure -L/2) and order dated 3.6.1985 regarding recovery of Rs. 13,119.04 from the applicant the rate of Rs. 250/ - from June, 1985 and (ii) for the production of all, records relating to the impugned Annexures 'D', 'F', 'L/1 " 'L/2' and 'K'. Initially, the High Court passed an order that status quo shall continue for six weeks. Subsequently on 31.7.1985, the High Court passed an order that the interim order will continue till the disposal of the application. The writ petition was received on transfer by this Tribunal under Sec. 29 of the administrative Tribunals Act, 1985 and registered as T. A. No.282 of 1981 for disposal.

(2.) The applicant joined the South Eastem Railway in 1953 as a Class -IV staff and worked in the Sleeper Controller Organisation at Garden Reach from 1953 to October, 1956. He was promoted as a Clerk (Class -III) on 12.4.1962. Thereafter he was promoted on ad hoc basis as senior clerk in 1985.

(3.) According to the applicant, as per the policy of the Railway to give proforma fixation of seniority and pay in the event of any error on the part of the Railway administration, he made an application on 31.1.1972 (Annexure -B) claiming proforma promotion and pay as Sleeper Measurer from the date of appointment of one B. R. Ghosh, who was directly appointment as Sleeper Measurer as the applicant was senior to him. The applicant's pay as refixed from 8.8.1972 from Rs. 143/ - to Rs. 16,7/ - and he received 2 increments in 1972 -73 and 1973 -74. He was interrogated by the Vigilance Inspector in January land June, 1978 (Annexure -C). A chargesheet was issued to him that the impugned memo dated 6.11.1979 (Annexure -D) for claiming refixation of his pay on false premises and receiving excess payment amounting to Rs. 4292.05. Thereafter, even before the first sitting of the inquiry on 21.8.1980, the impugned memo dated 24.6.1980 (Annexure -F) was issued to him ordering recovery at the rate of Rs. 50/ - P.M. from July, 1980 as an overpayment of Rs. 4292.05 had been assessed. He gave a reply protesting that the issuing of Annexure -F amounted to punishing the applicant even before his guilt was proved. The proceeding commenced on 21.8.1981 and concluded on 23.6.1982. However, the inquiry report has not been published so far despite the submission of six representations by the applicant between 19.1.1983 and 30.5.1985. After the issue of the two impugned memos dated 26.2.1985 and 23.5.1985 (Annexures -L/1 and L/2), the impugned memo dated 3.6.1985 (Annexure -K) was issued ordering recovery at the rate of Rs. 250/ - per month from June, 1985 for the repayment of Rs. 13.119.04 overpaid to the applicant. The applicant submitted a representation against this pay cut on 6.6.1985 (Annexure -M), but did not receive any reply.