UNION OF INDIA Vs. H S SHEKHAWAT

JUDGEMENT

(1.) Petitioners Union of India and Indian Railways have filed present writ of certiorari challenging order dated 12.12.2003 of Central Administrative Tribunal, Jaipur Bench, Jaipur, (for short, 'the Tribunal') whereby Original Application filed by delinquent-Respondent H.S. Shekhawat was allowed and, charge-sheet dated 18.06.1994 issued to him and all subsequent proceedings thereto, were quashed with all consequential benefits.

(2.) Factual matrix of case is that delinquent-Respondent was initially appointed as Assistant Goods Clerk with the Railways some time in 1972. He was promoted to post of Head Booking Clerk on 17.05.1986. At the time when his case for further promotion became ripe, he was facing a major penalty charge-sheet, which was served upon him on 30.03.1987, and therefore he was not promoted; however some of his juniors, namely, Sarva Shri O.P. Sharma, C.G. Carolias and M.P. Jain were promoted. On conclusion of disciplinary proceedings, he was awarded penalty of removal from service vide order dated 22.07.1988. He challenged order of removal by filing departmental appeal. Appellate Authority partly accepted appeal and modified order of removal from service and, instead awarded him penalty of reduction to next lower grade for five years. However, higher authorities than him, again passed order of removal of delinquent-Respondent from service. Delinquent-Respondent challenged said order of penalty by filing Original Application before the Tribunal at its Ahmadabad Bench, which was partly allowed vide order dated 14.10.1992 and order of penalty of removal from service was quashed. Review petition filed by Petitioners was dismissed by Tribunal. The Disciplinary Authority then reinstated him in service while treating period from 31.07.1988 to 31.01.1994 to have been spent on duty. Tribunal, while partly allowing the Original Application, granted liberty to the Disciplinary Authority "to proceed further with the inquiry from the stage of giving an opportunity to the applicant to make representation against the findings of the inquiry officer and to take decision according to law." It was further directed that "if the Respondents so decide to proceed with the inquiry, they should do so within a period of two months from the receipt of this order, giving the opportunity to the applicant to make representation as stated above."

(3.) It is to be noted that Original Application was allowed by the Tribunal on the basis of law propounded by Supreme Court in Union of India v. Mohammad Ramzan Khan, 1991 1 SCC 588, with direction to the Railways to supply copy of enquiry report to delinquent-Respondent and then pass fresh order of penalty. After rejection of review petition, judgment of Tribunal was accepted by the Railways. But the Disciplinary Authority vide their order dated 16.05.1994 dropped charge memo dated 30.03.1987 without prejudice to take further action against delinquent. Fresh charge-sheet was issued to delinquent-Respondent on 18.06.1994. It was this charge-sheet that was challenged by delinquent-Respondent in Original Application which was allowed by impugned judgment wherein prayer was also made that the Railways be directed to allow next higher pay scale to delinquent-Respondent (applicant before the Tribunal) from the date his juniors were allowed such higher pay scale.