UNION OF INDIA Vs. SURENDRA MISHRA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The Union of India through General Manager, East Central Railway, Hajipur and other officials of Railway have filed the present writ application under Article 226 of the Constitution of India assailing judgment and order dtd. 23/7/2013 passed in Original Application (for brevity, OA) No 666 of 2009 by the Central Administrative Tribunal (for brevity, the Tribunal), Patna Bench whereby the application filed by the sole respondent before the Tribunal under Sec. 19 of the Administrative Tribunal Act, 1985 has been allowed and the order of the Disciplinary Authority dtd. 9/1/2009 imposing punishment of reduction of pay to lower stage, i e, from Rs.13,610.00 to Rs.13,090.00 with postponing further increment, was imposed, has been set aside. The order of the Appellate Authority dtd. 19/11/2009 affirming the order of punishment has also been set aside by the said impugned order of the Tribunal.

(3.) The facts of the case, in brief, are that the respondent was working as an Assistant Station Master at Tharbitiya under East Central Railway. A departmental vigilance raid for trap was conducted on 12/10/2006 leading to initiation of a departmental proceeding against the petitioner with the issuance of charge sheet on 17/1/2007 on the allegation that the petitioner charged a sum of Rs.500.00 for two train-tickets in place of Rs.478.00 (Rs.239.00 each) and, thus, he charged a sum of Rs.22.00 more than the actual fare from one Ashok Kumar Shah Gond, who had acted as decoy. It was also alleged against him that he had not declared his personal cash and further, a shortage of Rs.45.00 in ..Government cash.. was reported. It is noteworthy that Tharbitiya, being a small railway station, the Respondent, in addition to discharge of his duties as ..Assistant Station Master.. was performing duties of commercial department including selling of tickets.