MD. ISLAM ANSARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner Mr. Mohan Kumar Dubey and Mr. Vijay Kumar Sinha, learned counsel for the respondent-Railways.

(2.) Applicant is aggrieved by order dated 05.02.2010 passed in O.A. No. 71 of 2009 read with M. A. No. 25 of 2009, by learned Central Administrative Tribunal, Patna Bench, Patna (Circuit court at Ranchi). Learned Tribunal by the impugned order refused to interfere in the order of removal dated 19th July, 2005 (Annexure-1) issued by respondent no.-2, Senior Divisional Operational Manager, East Central Railway, Dhanbad, and also the memorandum of charges dated 11th February, 2003 and the enquiry report dated 22nd September, 2003 impugned therein. The learned Tribunal did not find any basis to interfere in the appellate order dated 06th November, 2007, whereby the penalty of removal from service imposed upon the applicant in the disciplinary proceedings was upheld.

(3.) Applicant was engaged as a casual Hot Weather Staff in Transportation Department of Dhanbad Division as a substitute in the scale of Rs. 750-940/- (RP) against day to day casualties, and vacancies of Group 'D' staff. On the basis of a complaint by one Md. Abdul Islam Ansari that the applicant had submitted a fake and false transfer certificate of having studied in High School Bhowra, Dhanbad (Annexure-2) and obtained the appointment, departmental proceedings were initiated on the following charges: