HARIPABA BHADRA Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) C.O. 435 -w/85 was filed in the Calcutta High Court on 9.1.85 praying for quashing of the order dated 10.9.84 (Annexure -C) withholding the increment of the applicant from Rs. 580/ - to Rs. 600/ - for one year without cumulative effect by way of punishment and the order dated 28.12.84 (Annexure -E) enhancing the earlier punishment of withholding of increment from Rs. 580/ - to Rs. 600/ - for a period of three years without cumulative effect and also for directing the respondents to forbear from transferring the applicant from regular squad in Sleeper Coach to Sealdah station. An interim order was passed on 9.1.85 to the effect that the applicant would show cause to Annexure -E but no final order would be passed and/or communicated to him in the meantime. Another interim order was passed by the High Court on 30.1.85 to maintain status quo in regard to the posting of the applicant or as on that date. It was ordered that if he had not joined the new place of posting, he should remain in the original post.

(2.) The writ application was received by this Tribunal on transfer under Sec. 29 of the Administrative Tribunals Act, 1985, and was registered as T.A. 132 of 1988.

(3.) The applicant was working as T.T.E. in 1981. There was a vigilance raid in the Darjeeling Mail on 2.4.81 and two passengers were found traveling without ticket. In connection with this incident, the applicant was placed under suspension. He challenged the suspension order in the Calcutta High Court and a stay was granted on 21.7.81. The respondents revoked the order of suspension on 27/28.7.81 and the applicant resumed his duties thereafter. He was promoted as Head T.T.E. in the scale of Rs. 425 -640/ - (RS) with effect from 1.1.84 vide office order dated 3.7.84. He was charge -sheeted on 9.7.84 (Annexure -A) for a minor penalty in connection with the incident on 2.4.81. He submitted his written representation on 3.8.84 (Annexure -B) challenging the issuance of the charge -sheet on various grounds. The impugned order dated 10.9.84 (Annexure -C) was thereafter issued. The applicant preferred an appeal on 17.9.84 (Annexure -D). He was transferred to Sealdah station on 26.12.84.