Central Administrative Tribunal - Mumbai
Shayam Kumar Gopikisanji Lahoti vs M/O Railways on 11 September, 2025
1 OA No. 682/2014
Central Administrative Tribunal
Mumbai Bench: Mumbai
OA No.682/2014
Order reserved on: 07.08.2025
Order pronounced on: 11.09.2025
Hon'ble Mr. Justice M.G. Sewlikar, Member (J)
Hon'ble Mr. Sangam Narain Srivastava, Member (A)
Shayam Kumar Gopikisanji Lahoti
Adult age 44 Occupation Service
Servicing at ECRC under, Station Manager
Dhule Rly Stn, Dhule :-424 001
Residing at
07, Ashiyana Sankul, Kala Nagar
Jail Road, Nasik Road PIN:- 422101.
-Applicant
(By Advocate Mr. V.P. Shirke)
Versus
1. Union of India,
Through General Manager,
Central Railway,
Headquarters Office
Mumbai CST
Mumbai 400 001
2. Divisional Commercial Manager
Bhusawal Division
Central Railway, DRM's Office
Bhusawal, pin 425201
3. Senior Divisional Commercial Manager
Bhusawal, Central Railway
Bhusawal pin 425201
Digitally signed by Nicky Kumari
4. Additional Divisional Manager
Nicky
Bhusawal,, Central Railway,
DN: C=IN, O=Personal, OID.2.5.4.65=
5701472963214eacaf7214eb1c705990, Phone=
319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a
475, PostalCode=823002, S=Bihar, SERIALNUMBER=
78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444f
aa, CN=Nicky Kumari
Kumari Reason: I am the author of this document
Location:
Date: 2025.09.25 11:51:11+05'30'
Foxit PDF Reader Version: 2024.3.0
2 OA No. 682/2014
Bhusawal, pin 425201.
- Respondents
(By Advocate Mr. Sachin Patil)
ORAL ORDER
Per: Justice M.G. Sewlikar, Member (J)
This is an application under Section 19 of the Administrative Tribunals Act.
2. Facts in nutshell are as under:-
3. The applicant states that he was appointed as a Booking Clerk on 31st July 1995. He was promoted as Enquiry Cum Reservation Clerk-I with effect from 16th February, 2001.
4. It is further contented that the applicant was posted at Nasik Road Railway Station as Enquiry Cum Reservation Clerk (ECRC). Due to acute shortage of staff at Nasik City Booking Office (NCBO), the Chief Reservation Supervisor of Nasik Road Railway Station directed the applicant to perform duty at Nasik City Booking Office for a day i.e. on 3rd October, 2010. On that day, a Vigilance Check was Digitally signed by Nicky Kumari Nicky conducted in Nasik City Booking Office. It is further DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a 475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444f aa, CN=Nicky Kumari Kumari Reason: I am the author of this document Location:
Date: 2025.09.25 11:51:11+05'30' Foxit PDF Reader Version: 2024.3.0 3 OA No. 682/2014 contended that during Vigilance Check, cash of Rs. 62,500/- was found inside the reservation counter. A Major penalty chargesheet was served on the applicant on 26/27 December, 2011 alleging that unaccounted cash of Rs.62,500/- was found in the NCBO premises during his duty hours.
5. Inquiry was held. Inquiry officer held applicant guilty of the charge. Disciplinary authority agreed with the Inquiry Officer and imposed the punishment of reduction in same time scale of pay by two stages below for a period of five years, the reduction will have the effect of postponing the future increments of pay.
6. Applicant preferred appeal against this order of the Disciplinary Authority which came to be dismissed. Revision was preferred by the applicant which also came to be dismissed. The applicant has, therefore, filed this Original Application seeking following reliefs:-
a) The applicant prays that this Hon'ble Tribunal be pleased to call for the records and proceedings of the case which led to issuance of the charge sheet and impugned order dated 26/27 Dec, 2011, 06/09/2012, 18/02/2013 and 31/12/2013 (A-1to Digitally signed by Nicky Kumari A-4), and covering letters dated 21st February, 2013 Nicky DN: C=IN, O=Personal, OID.2.5.4.65= and 08th January, 2014, and after going through it 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a 475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444f aa, CN=Nicky Kumari Kumari Reason: I am the author of this document Location:
Date: 2025.09.25 11:51:11+05'30' Foxit PDF Reader Version: 2024.3.0 4 OA No. 682/2014 propriety, legality and constitutional validity, be pleased to quash and set aside the same with all consequential benefits.
b) This Hon'ble Tribunal be pleased to order and direct the Respondents to restore the status and pay of the applicant and pay the arrears along with 12% interest per annum.
c) Cost of this Original Application be provided for.
d) Any other and further orders as this Hon'ble Tribunal May deem fit, proper and necessary in the facts and circumstances of the case."
7. It is the contention of the applicant that this amount belonged to one Hitesh Thakkar and the said Hitesh Thakkar had approached the Vigilance Inspectors for claiming the amount. He contends that this shows that the amount belonged to Hitesh Thakur and applicant had no concern with this amount of Rs. 62,500/- as the applicant was appointed in Nasik CBO PRS on that day only.
8. The respondents filed their reply and denied all the allegations made by the applicant. They contend that Hitesh Thakkar was a tout/ticket agent and was arrested and handed over to RPF on duty by Vigilance Inspectors with cash and tickets. This establishes beyond any reasonable doubt that there is a nexus between the Digitally signed by Nicky Kumari applicant and Shri Hitesh Thakker. They further contend Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a 475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444f aa, CN=Nicky Kumari Kumari Reason: I am the author of this document Location:
Date: 2025.09.25 11:51:11+05'30' Foxit PDF Reader Version: 2024.3.0 5 OA No. 682/2014 that the applicant has not given any explanation as to why Hitesh Thakkar would keep such a huge amount in a carton. In the absence of any explanation from the applicant, the needle of suspicion is at the applicant.
9. Applicant filed rejoinder. He contends that Hitesh Thakkar had claimed the amount immediately. But this fact was not considered by the Inquiry Officer and the Disciplinary Authority. He further contends that the applicant was not regularly working there. Therefore, there was no occasion for having any nexus with Hitesh Thakkar.
10. Inquiry officer found the applicant guilty and accordingly, submitted report to the Disciplinary authority. Disciplinary authority held that the applicant could not produce any evidence to show that the said amount belonged to Hitesh Thakkar. Money was found in a carton box at Nasik CBO PRS while applicant was on duty. Disciplinary authority held applicant guilty for his carelessness on duty and imposed the aforestated penalty.
11. Appellate Authority dismissed the appeal of the Digitally signed by Nicky Kumari Nicky applicant holding that it is not believable that any person DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a 475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444f aa, CN=Nicky Kumari Kumari Reason: I am the author of this document Location:
Date: 2025.09.25 11:51:11+05'30' Foxit PDF Reader Version: 2024.3.0 6 OA No. 682/2014 would deposit such a huge amount without being noticed by anyone.
12. Revisional Authority dismissed the revision. Revisional Authority held that such a huge amount was found during vigilance check which clearly indicates that applicant was entangled with touts and doing illegal activities such as procuring tickets for unauthorized agent and charging some amount per passenger. The Revisional Authority further held that this is not a simple carelessness but this is a misconduct of complete record of railway reservation staff involving money transactions. The applicant has challenged all these orders in this original application.
13. We have heard learned counsel for the applicant and learned counsel for the respondents.
14. Learned counsel for the applicant submitted that the applicant was held guilty on the ground of carelessness. The Appellate Authority gave no reason for dismissing the appeal. The only reason assigned by the Appellate Digitally signed by Nicky Kumari Nicky Authority is that the defense of the applicant is neither DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a 475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444f aa, CN=Nicky Kumari Kumari Reason: I am the author of this document Location:
Date: 2025.09.25 11:51:11+05'30' Foxit PDF Reader Version: 2024.3.0 7 OA No. 682/2014 acceptable nor believable. He further contended that the revisional authority has found the applicant guilty on the aspects which were not a part of the chargesheet. Revisional authority further found that the applicant had entangled himself with touts and was doing illegal activities. He further submitted that the applicant was posted at Nasik Chief booking center for one day only. Therefore, there was no reason for the applicant to develop any connection with touts or to engage himself in illegal activities. Therefore, the order of the disciplinary authority, appellate Authority and revisional authority are perverse.
15. Learned counsel for the respondents submitted that it is impossible that a huge amount of Rs 62,500/- was kept in the premises of reservation counter without the knowledge of the applicant and other employees present in the reservation counter. This itself is sufficient to infer that the applicant had indulged in illegal activities. He submitted that illegal activities were going on and to curb these activities, the raid was conducted. The principles of natural justice were followed in letter and spirit. The Digitally signed by Nicky Kumari Nicky applicant was given opportunity to cross-examine DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a 475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444f aa, CN=Nicky Kumari Kumari Reason: I am the author of this document Location:
Date: 2025.09.25 11:51:11+05'30' Foxit PDF Reader Version: 2024.3.0 8 OA No. 682/2014 witnesses. The punishment imposed is not disproportionate to the misconduct. Therefore, no interference is called for in the order passed by the disciplinary authority.
16. We have given thoughtful consideration to the submissions made by the counsels for their respective parties.
17. It is not in dispute that the applicant was posted on 3rd October, 2010 in Nasik CBO PRS Office. It is also not in dispute that unaccounted cash of Rs 62,500/- was found in the reservation counter room. The only charge against the applicant is that unaccounted cash of Rs. 62,500/- was found in the room of reservation counter. Mere finding of cash in the room of reservation counter cannot be called as a misconduct unless it is shown that the employee had any connection with the said cash.
18. It is pertinent to note that the applicant was not charged with carelessness.
19. In Statement of Imputations, it is stated that based on Digitally signed by Nicky Kumari information that the staff working at Nasik CBO PRS are Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a 475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444f aa, CN=Nicky Kumari Kumari Reason: I am the author of this document Location:
Date: 2025.09.25 11:51:11+05'30' Foxit PDF Reader Version: 2024.3.0 9 OA No. 682/2014 indulging in touting activities, a preventive check was conducted on 03rd October, 2010 at Nasik CBO PRS around 07:30 hrs along with RPF Staff Shri S.B.Malap. During the check, two persons were intercepted outside the booking office on suspicion. One passenger who was later on identified as Shri Hitesh Thakkar voluntarily produced 2 JCR total amounting to Rs. 2631/- and 33 filed requisition forms and also cash of Rs. 10851/-. Another passenger by the name of Shri Rafiq Ahmed voluntarily produced cash of Rs. 55,550/- and 3 JCR total amounting to Rs. 8778/-. It is further stated in Statement of Imputations that personal search of both the persons was conducted by RPF Shri Malap to ensure that they did not have anything except the above specified items. Further a search was conducted inside PRS Office. During the search, in a carton box, an amount of Rs. 62,500/- was found lying. Shri Hitesh Thakkar immediately claimed that this money belonged to him and he had kept the amount but he could not give satisfactory reply when asked why he had not shown the amount at the time of interception and Digitally signed by Nicky Kumari it was also not found during personal search. Therefore, it Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a 475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444f aa, CN=Nicky Kumari Kumari Reason: I am the author of this document Location:
Date: 2025.09.25 11:51:11+05'30' Foxit PDF Reader Version: 2024.3.0 10 OA No. 682/2014 is evident from the above that Shri Hitesh Thakkar was trying to protect the staff working at Nasik CBO PRS carrying out touting activities there. All the staff including Shri Darade feigned ignorance about the cash of Rs.
62,500/-.
20. From the above, it is clear that the vigilance team had received the information that the staff working at NCBO was indulging in touting activities and, therefore, a preventive check was conducted on 03rd October, 2010 at Nasik CBO PRS around 07:30 hrs. It is not disputed that an amount of Rs. 62,500/- was found lying in a carton box at Nasik CBO PRS office. A cash of Rs. 55,550/- was produced by Shri Rafiq Ahmed. Shri Hitesh Thakkar produced 2 JCR total amounting to Rs. 2,361/-.
21. The question that has been posed in this OA is whether the applicant was a party to the alleged touting activities. As indicated earlier, the applicant was posted on 03rd October, 2010 only. The respondents did not produce any record to show that the applicant was previously Digitally signed by Nicky Kumari posted at Nasik CBO PRS. Therefore, even if it is assumed Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a 475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444f aa, CN=Nicky Kumari Kumari Reason: I am the author of this document Location:
Date: 2025.09.25 11:51:11+05'30' Foxit PDF Reader Version: 2024.3.0 11 OA No. 682/2014 for the sake of argument that touting activities were going on at Nasik CBO PRS, applicant cannot be attributed to be a party to all these touting activities because he was posted on that day only. The charge is that the vigilance team had received complaints that staff working at NCBO was indulging in touting activities. It is incomprehensible that a person who was posted for one day only at Nasik CBO PRS, would be a party to the illegal activity of touting. He could have been accused of being a party to the illegal touting activities, if he had been posted there for a considerable period prior to vigilance raid. On 03rd October, 2010, the applicant joined there at 7:30 A.M. Vigilance Preventive Check was conducted at 8:00 AM on same day. In these circumstances, applicant cannot be said to be a privy to the illegal activities allegedly being carried out in Nasik CBO PRS office. The staff who was working there for a considerable period could be accused of a privy to the alleged illegal activities of touting. But a person who is posted there for only a day by no stretch of imagination can be said to be a party to said illegal activities Digitally signed by Nicky Kumari or he was encouraging the illegal activities. This Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a 475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444f aa, CN=Nicky Kumari Kumari Reason: I am the author of this document Location:
Date: 2025.09.25 11:51:11+05'30' Foxit PDF Reader Version: 2024.3.0 12 OA No. 682/2014 aspect has not been considered by the Inquiry Officer and the Disciplinary Authority.
22. Disciplinary Authority has held him guilty on the ground of carelessness. The applicant has not been charged with carelessness.
23. The appellate authority has passed the cryptic order. It has held that it is not possible for any person to keep such huge amount and no one in the Nasik CBO PRS Office could notice it. As indicated earlier, the applicant cannot be imputed with the knowledge of illegal activities being carried out in Nasik CBO PRS office as he was posted there only on 03rd October, 2010 and he joined the duty at Nasik CBO PRS Office at 7:30 A.M. and Vigilance Check was conducted at 8 A.M. It is highly improbable that a person can develop illegal connection with touts in just half an hour. This vital aspect of the case was not considered by the respondents at all. In these circumstances, the impugned order cannot be sustained. Hence, OA will have to be allowed. OA is, accordingly, allowed. Impugned Order Digitally signed by Nicky Kumari Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a 475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444f aa, CN=Nicky Kumari Kumari Reason: I am the author of this document Location:
Date: 2025.09.25 11:51:11+05'30' Foxit PDF Reader Version: 2024.3.0 13 OA No. 682/2014 dated 06th September, 2012 is set aside. The pay of the applicant stands restored. No costs.
24. Pending MAs, if any, stand closed.
25. Registry to return the Original Record to the respondents forthwith.
(Sangam Narain Srivastava) (Justice M.G.Sewlikar)
Member (A) Member (J)
'nk'
Digitally signed by Nicky Kumari
Nicky
DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23829af5a 475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd397444f aa, CN=Nicky Kumari Kumari Reason: I am the author of this document Location:
Date: 2025.09.25 11:51:11+05'30' Foxit PDF Reader Version: 2024.3.0