RAJ KUMAR BISWAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr. Aparesh Kumar Singh, J. Heard learned senior counsel for the petitioner and learned counsel Mr. Mahesh Tiwari representing the respondent-Railways.

(2.) Learned Central Administrative Tribunal has dismissed the challenge laid to the order of punishment of removal of service dated 5.10.2004 (Annexure-3) passed by the Sr. Divisional Mechanical Engineer, Chakradharpur where under the applicant/petitioner was removed from service with compassionate allowance equivalent to %rd of pension. The appellate authority by its order dated 24.5.2006 (Annexure-4) had affirmed the punishment and later on, the Divisional Railway Manager, Chakradharpur vide his order dated 16th Aug., 2008 (Annexure-5) refused to interfere in the orders of punishment in revision. The applicant had sought reinstatement in service to the post of Technician Grade-I with all consequential benefits and also sought quashing of the orders passed by the disciplinary authority, the appellate authority and the revisional authority. Learned Tribunal vide impugned order dated 20.2014 (Annexure-9) passed in O.A. No. 215 of 2012 (R) with M.A. No. 71 of 2013 (R ) also held that the case is hopelessly barred by limitation as the instant application had been filed after four years from the date of order of the revisional authority.

(3.) Applicant faced disciplinary proceedings vide memorandum of charges dated 17.1.2002 (Annexure-A/1) for the charges that he while functioning as Technical Grade II (C) /Tata committed serious misconduct by indulging in encashment of death cum retirement gratuity (DCRG) Cheque No. 404948 dated 20.6.1997 of Rs. 26,150.00 of Sri Narendra Nath Ex. G.S./Tata by falsely introducing himself as Sri Narendra Nath and thereby violated Para 3 (I) I, II, III of Railway Service Conduct Rules, 1966. As per the statement of imputation of misconduct an FIR bearing Case No. 153/ 2000 dated 27.11.2000 had been registered by the Branch Manager, SBI ,Jugsalai -JSR Police Station Jugsalai, JSR that Rly. Cheque no. B404948 dated 20.06.1997 was issued in favour of Sri Narandranath Ex- G.S./Comml/Tata for a sum of Rs. 26,150.00 which had been fraudulently deposited in SBI, Jugsalai Branch JSR on 01.07.1997 in an account No. 01190007345 (old account no. 36/8679) by an imposter Sri R.K. Biswas, Technical Grade-II (C &w) Tata after falsely introducing himself as Sri Narendranath and he had also drawn a sum of Rs. 26000 on 18.07.2000. It further alleged that he had confessed to the fraudulent act through a confessional letter to the Branch Manager, SBI, Jugsalai and subsequently deposited the sum of Rs. 26,200.00 in the fake account of Sri Narendra Nath on 29th Sept. 2000. The Departmental proceedings ended in the imposition of punishment of his removal from service with compassionate allowance of %rd of his pension.