JANAK RAJ Vs. CENTRAL ADMINISTRATIVE TRIBUNAL AND ORS

JUDGEMENT

(1.) The writ petitioner Janak Raj challenges the impugned order passed by learned Central Administrative Tribunal, Chandigarh Bench (for short 'Tribunal') rejecting his plea for quashing the order passed by respondent No.3 on 25.9.2013 reverting him to the post of Loco Pilot (Passenger) from the post of Chief Loco Inspector .

(2.) The writ petitioner was serving as Loco Pilot (Passenger) w.e.f. 8.12.2009. Respondent No.3 issued a Circular dated 21.6.2011 calling for options from the eligible Running Staff and Loco Pilots having minimum driving experience of 75,000 kms. to the post of Chief Loco Inspector in the pay band of Rs. 9300-34800 with Grade Pay of Rs. 4600. The writ petitioner submitted his application on 23.6.2011 for the post of Chief Loco Inspector. His application was forwarded by Sh.Hind Kumar, Senior Subordinate with the certificate that the writ petitioner had the actual driving experience of 75,000 kms. The writ petitioner was selected and posted as Chief Loco Inspector on 27.10.2011 and continued to serve in that capacity till he was reverted to the post of Loco Pilot (Passenger) from the post of Chief Loco Inspector on 25.9.2003, after issuing show cause notice dated 23.1.2013.

(3.) Respondents No.2 and 3 have contended that the writ petitioner had played fraud upon the Department in connivance with Sh.Hind Kumar, Senior Subordinate who certified falsely that the writ petitioner had completed actual driving experience of 75,000 kms. whereas the writ petitioner had completed only 45,768 kms. As he was not eligible for the promotion to the post of Chief Loco Inspector, for he had not completed actual driving experience of 75,000 kms. proper show cause notice was issued and thereafter, he was reverted to the post of Loco Pilot (Passenger).