LAWS(PAT)-2017-4-43

B. S. CHATURVEDI Vs. UNION OF INDIA

Decided On April 25, 2017
B. S. Chaturvedi Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Petitioner was also the applicant before the Central Administrative Tribunal, Panta Bench, Patna in O.A. No. 863/2013. The Prayer made by the petitioner before the Tribunal is as under :

(2.) The Tribunal dismissed the OA holding that there was no infirmity and procedural lapse or violation of principles of natural justice in the disciplinary action taken against the applicant. It also held that there are no grounds to interfere with the impugned order dated 16/29.03.2012 by which the order of punishment in revision was reduced from compulsory retirement to reduction to a lower post of Senior Ticket Examiner in grade pay of Rs. 2400.00 instead of Rs. 4200.00.

(3.) The origin to the present dispute arose on a so called vigilance check done on 6/7th March, 2007 in Train No. 2309 (Patna Rajdhani Express) which revealed so called presence of unauthorized passengers in AC coach, of which the petitioner was Travelling Ticket Examiner. The report of the vigilance that four persons were found travelling illegally formed the basis for initiation of a departmental proceeding. Despite the Enquiry Officer not finding the petitioner guilty in so many words, the disciplinary authority decided to impose punishment of compulsory retirement, which, later on in revision, was modified or replaced by the order of punishment of reduction to lower post of Senior Ticket Examiner. The effort of the petitioner to beget relief against the two punishments failed because the Tribunal felt that no violation of principles of natural justice or procedure has been committed by the authorities in award of punishment.