POONAM ARORA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE order of the Central Administrative Tribunal passed on 10th August, 2001 is impugned by the original applicant in this writ petition.

(2.) SMT. Poonam Arora-petitioner herein (for short, ``the delinquent'') was appointed on the post of Senior Clerk on 22nd May, 1989. She was posted in the office of the Divisional Railway Manager, Western Railway, Kota. She was thereafter promoted to the post of Head Clerk on 18th March, 1994.

(3.) THE statement of imputations in support of the afore-noticed article of charges set out in the second charge-sheet read thus: " Smt. Poonam Arora, while working as Head Clerk/kota in the year 1995 committed gross misconduct in as much as that:- 1. 1 Smt. Poonam Arora, while working as HC/kota processed the file for selection for the post of Chief Clerk. 1. 2 Smt. Poonam Arora, Head Clerk prepared the assessment sheet as at (CP-1) of the selection file No. E/d/1025/25 Vol. I (L) wherein she had assessed the number of vacancies as 18 including 3 anticipated vacancies on account of retirements. Out of the 3 anticipated vacancies, 2 vacancies would have been caused if the applications of Sh. D. M. Chavrekar & Shri R. S. Gupta for voluntary retirement were to be accepted. 1. 3 File No. E/d/iii/1044 Exh. III contains two applications of Sh. D. M. Chavrekar, one dated 5. 3. 95 requesting for voluntary retirement and the another one dated 16. 3. 95 withdrawing the voluntary retirement. Both the applications do not bear any stamp of the receipt section. Both the applications were filed simultaneously at CP-148 & 149 of the file. THE application dated 16. 3. 95 has an endorsement by Shri M. K. Chauhan, APO (II) as follows:- " In view of this, the application dated 6. 3. 95 may please be filed. " From NP-21 of the file it is seen that both the applications, one seeking voluntary retirement as well as another withdrawing it, were put up to Sr. DPO on 10. 4. 95 by Smt. Poonam Arora simultaneously in one note for perusal only. 1. 4 As per extent instructions contained in Railway Board's letter No. E (WG)/i-80 PMI-21 dated 25. 1. 83 the anticipated vacancies due to Voluntary retirement should be considered only if the application is likely to be accepted. Since the applications were not even put up at the stage of assessment, the question of the same being likely to be accepted does not arise. Thus she violated the Board's instructions. (2) File No. E/d/iii/909 (Exh. IV) contains application of Sh. Radhey Shyam Gupta dated 1. 3. 95 requesting for voluntary retirement which has been withdrawn by him vide his application on 28. 4. 95. THE application dated 1. 3. 95 was put up to the Sr. DPO on 17. 4. 95, i. e. after the assessment was approved and one day after the written test for the same selection was held. 2. 1 Since the above applications for voluntary retirement were not processed till 15. 3. 95, the inclusion of the resultant vacancies in the assessment was incorrect. Moreover from the fact that Shri D. M. Chavrekar withdraw his application on 16. 3. 95 one day after the assessment it is clearly evident that it was deliberately done to create a vacancy, as six candidates become eligible against two vacancies, and Smt. Poonam Arora was the second last in the list of eligible candidates. By the above acts Smt. Poonam Arora, attempted to draw the benefit for which she was not entitled. She thereby failed to exhibit absolute integrity, maintain devotion to duty and acted in a manner unbecoming of a railway servant violating rule 3. 1 (i), (ii) & (iii) of Railway Service Conduct Rules, 1966. "