Central Administrative Tribunal - Allahabad
Gaurav Kumar vs North Central Railway on 22 November, 2024
Reserved on 21.11.2024
Central Administrative Tribunal, Allahabad Bench, Allahabad
This the 22nd day of November, 2024
Hon'ble Mr. Justice Om Prakash VII, Member (J)
Hon'ble Mr. Mohan Pyare, Member (A)
Original Application No. 996 of 2023
Gaurav Kumar S/o Mahavir Prasad, R/o Village - Nainapar Post -
Bhadeikh, District - Jalaun, UP.
........... APPLICANT
By Advocate: Shri H C Shukla, Shri B V Nayak and Shri
Gokaran Singh
Versus
1. Union of India through the General Manager, North Central
Railway, Headquarter Office, Subedarganj, Allahabad.
2. The Chairman, Railway Recruitment Cell, North Central Railway,
Near Balmiki Chauraha, Nawab Yusuf Road, Prayagraj - 211001.
3. The Divisional Railway Manager, North Central Railway, Jhansi.
4. The Divisional Personal Officer - II, North Central Railway,
Jhansi.
..........RESPONDENTS
By Advocate: Shri Shivaji Singh
ORDER
(Delivered by Hon'ble Mr. Justice Om Prakash VII, Member (J) Shri H C Shukla and Shri B V Nayak, learned counsel for the applicant and Shri Shivaji Singh, learned counsel for the respondents, were present at the time of hearing.
2. Although the case was listed under the heading of "For Admission", since pleadings were exchanged, with the consent of learned counsel appearing for the parties, the same was heard at length on the issue of admission as well as on merits.
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3. The instant original application has been filed seeking following relief:
"i. To issue an order or direction directing the respondents to allow the applicant to join the post of Assistant Pointsman Level - 01 in pursuance of offer of appointment dated 18.07.2023 issued by Divisional Personnel Officer - II, North Central Railway, Jhansi (notification No CEN - 01/2019 issued by Railway Recruitment Cell, North Central Railway, Allahabad) and pay salary and other service benefits regularly without any obstruction.
ii. Issue a direction to respondent no. 4 to decide representation dated 27.09.2023 which is pending before the respondent no. 5 for the joining of the applicant at post of Assistant Point Man in railway iii. To grant any other and further relief which this Hon'ble Court may deem fit and proper be also awarded to the applicant.
iv. Cost of proceeding be awarded to the applicant."
4. A compendium of the facts as have been narrated in the present original application has been filed by the applicant being aggrieved by the fact that despite having successfully passed the recruitment test(s) at all the stages, and subsequently offer of appointment being issued to him, yet the respondents have not permitted him to join the duties on the alleged ground of pendency of criminal case against him. Applicant has termed the allegation as absolutely baseless and arbitrary and relying upon certain case laws, he seeks a direction to the respondents' authorities to permit him to join on the post of Assistant Pointsman Level - 01 in pursuance of offer of appointment dated 18.07.2023 issued to him by Divisional Personnel Officer - II, North Central Railway, Jhansi and pay salary and other service benefits regularly without any obstruction. Alternatively, the applicant has also prayed for a direction to the competent authority amongst the respondents to decide his pending
2|Page representation dated 27.09.2023 in a time bound manner by way of a reasoned and speaking order.
5. We have heard learned counsels for the parties and perused the documents on record.
6. Disclosing a brief history of the case, learned counsel for the applicant argued that in pursuance of the advertisement dated 23.02.2019 for filing up posts of Assistant Pointsman issued by the respondents vide their notification No. CEN-RRC-01/2019, the applicant had applied and appeared in the selection test on 05.09.2022 wherein he was declared successful. Subsequently, document verification took place followed by medical examination and in both the tests, the applicant was declared passed/successful. He was issued offer of appointment dated 18.07.2023 directing him to appear before the office of Divisional Personnel Officer - II, North Central Railway, Jhansi. When he appeared before the aforesaid authority, he was not permitted to join on the post of Assistant Pointsman on the ground that a criminal case was pending against him.
7. Learned counsel for the applicant further argued that while submitting the attestation form, the applicant had given all the details about himself on 24.07.2023. Police has lodged a false FIR against him on 04.11.2019 in CC No. 274/2019 under section 295-A of IPC and section 66 and 67 of IT Act 2000. This information was given in paragraph no. 12 of the attestation form. Thus, the applicant has not concealed any fact to the respondents and he was just falsely implicated in the aforesaid case and therefore he is liable to be given joining on the post he has qualified for. Thus, referring to the facts and circumstances of the case, learned counsel for the applicant prayed that the instant OA be allowed and the respondents be directed to permit the applicant to join on the post of Assistant Pointsman.
8. Learned counsel for the respondents vehemently opposed the submissions of the applicant's counsel and by way of counter
3|Page affidavit, he argued that the applicant was arrested in Case Crime No. 274 of 2019 in which he himself admitted that he was released on bail, however, he failed to submit any documentary evidence to establish that he was exonerated in the aforesaid case. In pursuance of the Railway Board letter dated 06.11.2018 and para 101 of Chapter I Section of IREM Vol - I, it was not possible to give appointment to the candidate during the pendency of criminal case against him. Thus, learned counsel prayed that the instant case of the applicant holds no merits and the same is liable to be dismissed at this stage itself.
9. Rejoinder has been filed by the applicant's counsel and referring the same, he argued that no crime case is pending against the applicant anymore as he got acquitted in case crime no. 274 of 2019 by the Judicial Magistrate Jalaun District - Jalaun vide its judgment dated 19.07.2024 pronounced in Case No. 2085 of 2022 (State Vs. Gaurav Kumar). Thus, learned counsel for the applicant reiterated his prayer that as no case is pending against the applicant at present, the instant OA be allowed and respondents be directed to allow the applicant to join his duties in pursuance of the offer of appointment dated 18.07.2023. To substantiate his case further, learned counsel for the applicant has also relied upon following case laws:
i. Judgment dated 21.07.2016 passed by the Hon'ble Supreme Court of India in Special Leave Petition (c) No. 20525 of 2011 titled Avtar Singh Vs Union of India and others.
ii. Judgment dated 02.05.2023 passed by the Hon'ble Supreme Court of India in Civil Appeal No. 574 of 2023 titled Pawan Kumar Vs Union of India and others.
10. We have considered the rival contentions and gone through the documents on record and carefully perused the case laws relied upon by the contesting parties.
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11. As the facts of the case have been recorded above in detail they are not reiterated. Admittedly, upon successfully qualifying / passing all the stages of the recruitment process conducted for filling up the posts of Assistant Pointsman, the applicant was issued offer of appointment dated 18.07.2023 by the Divisional Personnel Officer - II, North Central Railway, Jhansi. But when the applicant approached the respondents' authorities, he was denied to join the duties on the sole ground of pendency of a criminal case against him. The said criminal case pertained to an FIR lodged against him on 04.11.2019 in CC No. 274/2019 under section 295-A of IPC and section 66 and 67 of IT Act 2000.
By way of his rejoinder affidavit, learned counsel for the applicant has brought on record the judgment dated 19.07.2024 passed by the Judicial Magistrate Jalaun District - Jalaun in Case No. 2085 of 2022 (State Vs. Gaurav Kumar) thereby exonerating the applicant completely of all the charges leveled against him in CC No. 274/2019 under section 295-A of IPC and section 66 and 67 of IT Act 2000. For the sake of clarity, the operative portion of the judgment dated 19.07.2024 is reproduced herein below:
"अिभयु गौरव कुमार को अपराध सं० 274/2019 धारा 295 ए भा०दं ०सं० व 66,67 आई०टी०ए ० के आरोप से दोषमु िकया जाता है । अिभयु के जमानत और बंधप िनर िकये जाते है और ितभू को उनके उ रदािय से मु िकया जाता है ।
अिभयु को आदे िशत िकया जाता है िक वह धारा 437A दं ० ०सं० के अनुपालन म बीस-बीस हजार पये का गत बंधप एवं समान धनरािश के दो-दो ितभू दा खल करना सुिनि त करे । उ बंधप एवं ितभू प आदे श के 6 माह की अविध तक भावी रहगे, िजसके प ात बंधप और ितभू िनर समझे जायगे। प ावली िनयमानुसार - दा खल अिभलेखागार हो।"
The above quotation establishes that the applicant has been exonerated in Case Crime No. 274/2019 due to the pendency of which he was denied joining by the respondents. Thus, in the event of non-pendency of any criminal case against the applicant, the instant original application is liable to be allowed.
12. Accordingly, in view of the aforesaid deliberations and analysis, the instant original application is allowed at this stage itself.
5|Page The competent authority amongst the respondents is hereby directed to permit the applicant to join on the post of Assistant Pointsman Level - 01 in pursuance of offer of appointment dated 18.07.2023 issued by the Divisional Personnel Officer - II, North Central Railway, Jhansi with all the regular benefits in accordance with rules. This exercise must be completed within a period of four weeks from the date of receipt of certified copy of this order, without fail.
13. All associated MAs stand disposed of. No costs.
(Mohan Pyare) (Justice Om Prakash VII)
Member (Administrative) Member (Judicial)
(Ritu Raj)
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