Central Administrative Tribunal - Kolkata
Raj Kumar Yadav vs Eastern Railway on 26 June, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
No.O.A.350/1157/2018
Date of order : 26.06.2025
Present : Hon'ble Mrs. Urmita Datta Sen, Judicial Member
Hon'ble Mr. Suchitto Kumar Das, Administrative Member
Raj Kumar Yadav @ R.K. Yadav, Son of
Late Ram Kripal Yadav, aged about 56 years,
earlier working for gain as Tower Wagon Driver,
Grade I, under the Divisional Railway Manager,
Eastern Railway, Asansol, now dismissed,
Residing at Quarter No.26, Station Colony,
Panagarh, District: Burdwan, Pin-713148
..............Applicant
- VERSUS -
1. The Union of India, service through the
General Manager, Eastern Railway,
Fairley Place, 17, N.S. Road,
Kolkata-700 001;
2. The General Manager, Eastern Railway,
Fairley Place, 17, N.S. Road,
Kolkata-700 001;
3. The Divisional Railway Manager,
Asansol Division, Eastern Railway,
District-Burdwan, Pin Code: 713148;
4. The Additional Divisional Railway Manager,
Asansol Division, Eastern Railway, District:
Burdwan, Pin Code : 713148 &
Appellate Authority;
5. The Senior Divisional Electrical Engineer/TRD,
Eastern Railway, Asansol Division,
District - Burdwan-713148 &
Disciplinary Authority;
6. The Senior Divisional Personnel Officer
Electrical Engineer, Eastern Railway,
Asansol Division, District : Burdwan 713148;
Digitally signed by SOMA BANDYOPADHYAY
DN: C=IN, O=Personal, T=6794, OID.2.5.4.65=
SOMA 133596418541584061RzFJVlZ8C5fhN1, Phone=
248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d,
PostalCode=700114, S=West Bengal, SERIALNUMBER=
f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN=
SOMA BANDYOPADHYAY
BANDYOPADHYAY Reason: I am the author of this document
Location:
Date: 2025.07.01 11:20:39+05'30'
Foxit PDF Reader Version: 2024.3.0
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7. Shri M.C. Mondal, Senior Section Engineer,
(OHE)/TRD, Eastern Railway, Asansol Division,
District : Burdwan, Pin-713148 &
Inquiry Officer
...............Respondents
For the applicant : Mr. S. Samanta, counsel
Mr. B. Samanta, counsel
Ms. A. Roy, counsel
Mr. P.K. Mondal, counsel
For the respondents : Mr. D. Ghosh Dastidar, counsel
Mr. A.K. Guha, counsel
ORDER
Urmita Datta Sen, Judicial Member The applicant has preferred this O.A. under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
"a) DIRECTION do issue quashing and setting aside the charge sheet dated 12.12.2012 being Annexure "A-2" hereto, the Inquiry Report dated 17.12.2013 being Annexure "A-3" hereto, the Final Order dated 10.02.2014 of the Disciplinary Authority being Annexure "A-5" hereto, the Appellate Order dated 18.04.2018 being Annexure "A-9" hereto and thereupon directions do issue upon the respondent authorities to grant all consequential benefits as if there had been no such departmental proceeding;
b) INJUNCTION do issue restraining the respondent authorities from acting in any manner or any further manner on the basis of the Final Order of Penalty dated 10.02.2014 imposed by the Disciplinary Authority as affirmed by the Appellate Order dated 18.04.2018;
c) DIRECTION in the nature of certiorari do issue upon the respondent authorities directing them to produce and/or cause to be produced the entire records of the case and thereupon to pass necessary orders for rendering conscionable justice;
d) Cost and costs incidental hereto;
e) And/or to pass such other or further order or orders as to your Lordships may seem fit and proper."
2. Facts of the case, as submitted by Learned Counsel for the applicant during the course of hearing are as follows:-
Digitally signed by SOMA BANDYOPADHYAY
DN: C=IN, O=Personal, T=6794, OID.2.5.4.65= SOMA 133596418541584061RzFJVlZ8C5fhN1, Phone= 248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN= SOMA BANDYOPADHYAY BANDYOPADHYAY Reason: I am the author of this document Location:
Date: 2025.07.01 11:20:39+05'30' Foxit PDF Reader Version: 2024.3.0 3
a) The applicant, who was initially appointed as Khalasi in 1980 was promoted to the post of Tower Wagon Driver, Grade-II in 1996 after 16 years of hard work and proper training. Thereafter he was promoted to the post of Tower Wagon Driver, Grade-I in 1999. The applicant was removed from service through a disciplinary proceeding with regard to collision of two Tower Wagons where the applicant was one of the drivers. The applicant had challenged the punishment order in O.A.393 of 2007 before this Tribunal. The Tribunal vide Order dated 02.12.2011 allowed the O.A. by quashing the punishment order and directed the respondents to reinstate the applicant in service. By virtue of the order of this Tribunal, the applicant was reinstated in service.
b) As a counterblast to such reinstatement, the applicant was served with a Memo on 10.10.2012, whereby it was alleged by the respondent authorities that the School Leaving Certificate submitted by the applicant was forged, fabricated and manufactured. A preliminary enquiry was held in the matter and he was issued with a charge sheet on 12.12.2012 under Rule 9 of RS (D&A) Rules, 1968 (Annexure A/2). The applicant had submitted his written statement of defence on 26.02.2013 denying the charges levelled against him by stating that he had never studied in Rajbansi Institution, Chirkunda, Dhanbad but had been a student of Rajbansi Devi Uchha Vidya Mandir, Thepaha, Siwan, Bihar and annexed a photocopy of the School Leaving Certificate dated 03.02.1979 along with his defence statement. As per the applicant, no proper enquiry was held in the matter and the Inquiry Officer had submitted Inquiry Report Digitally signed by SOMA BANDYOPADHYAY DN: C=IN, O=Personal, T=6794, OID.2.5.4.65= SOMA 133596418541584061RzFJVlZ8C5fhN1, Phone= 248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN= SOMA BANDYOPADHYAY BANDYOPADHYAY Reason: I am the author of this document Location:
Date: 2025.07.01 11:20:39+05'30' Foxit PDF Reader Version: 2024.3.0 4 on 17.12.2013 (Annexure A/3), whereby the applicant was held guilty.
b) Learned Counsel for the applicant has submitted that it was the same Inquiry Officer, who conducted preliminary enquiry against the applicant on earlier occasion with regard to collision of two Tower Wagons, where the applicant was one of the drivers and the punishment order passed in the said case was quashed by this Tribunal in O.A.No.393 of 2007. However, challenging the charge sheet dated 12.12.2012 and the Enquiry Report dated 17.12.2013, the applicant had approached this Tribunal by filing O.A.No.350/171/2014, wherein interim relief was granted by this Tribunal vide Order dated 11.02.2014 to the effect that "In the meantime no adverse order shall be passed following the disciplinary proceedings." Just before a day, punishment of removal from service was inflicted upon the applicant by the Disciplinary Authority vide Order dated 10.02.2014 (Annexure A/5), which was not served upon the applicant and the same was brought on record subsequently by the respondents through reply filed on 11.04.2014. Thereafter, the applicant had filed contempt petitions for alleged violation of the orders of this Tribunal which were disposed of vide order dated 15.05.2014. This Tribunal vide the said Order dated 15.05.2014 stayed the operation of the penalty order and allowed the O.A. to proceed. This Tribunal had also directed to allow the applicant to join forthwith.
c) Thereafter, this Tribunal vide Order dated 06.02.2018 finally decided the O.A.No.350/171/2024 by granting liberty to the Digitally signed by SOMA BANDYOPADHYAY DN: C=IN, O=Personal, T=6794, OID.2.5.4.65= SOMA 133596418541584061RzFJVlZ8C5fhN1, Phone= 248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN= SOMA BANDYOPADHYAY BANDYOPADHYAY Reason: I am the author of this document Location:
Date: 2025.07.01 11:20:39+05'30' Foxit PDF Reader Version: 2024.3.0 5 applicant to prefer appeal against the punishment order within 15 days and the Appellate Authority was directed to dispose of the same within two months from receipt of the appeal. The applicant requested the authorities to grant him some more time to file appeal as per the aforesaid order of this Tribunal dated 06.02.2018. Finally, he had submitted an appeal to the authority on 05.03.2018 (Annexure A/7), which was rejected vide Speaking Order dated 18.04.2018 (Annexure A/9) stating the reasons therein. Hence, the applicant has filed this O.A.
d) During the course of enquiry the Learned Counsel for the applicant has taken the point of inordinate and unexplained delay of 32 years in issuance of charge sheet against the applicant. He has contended that the disciplinary proceeding was conducted on the basis of attested photocopy of SLC and there could be no question of attestation without original. The Learned Counsel for the applicant has further contended that the punishment order and the appellate order are terse and non-speaking, therefore, those orders should be set aside.
3. The respondents have filed written reply refuting the claim of the applicant. Relying on the reply, Learned counsel for the respondents has advanced his arguments in the following manner:-
a) This application is misconceived and premature because the applicant has approached this Tribunal without filing a Review Appeal before the Reviewing Authority against the order of Appellate Authority. The applicant had enclosed the photocopy of the Transfer Certificate No.31 dated 03.02.79 issued by Nandalal Digitally signed by SOMA BANDYOPADHYAY DN: C=IN, O=Personal, T=6794, OID.2.5.4.65= SOMA 133596418541584061RzFJVlZ8C5fhN1, Phone= 248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN= SOMA BANDYOPADHYAY BANDYOPADHYAY Reason: I am the author of this document Location:
Date: 2025.07.01 11:20:39+05'30' Foxit PDF Reader Version: 2024.3.0 6 Institution, Dhanbad (Name of the school is non-visible from the stamp) in which date of birth of the applicant was written as 30.02.1962, which is absurd as per the English Calendar. Therefore, correspondence was made with the school authority vide letter dated 13.09.2012 and the school authority had stated that the said School Leaving Certificate signed by one, Sri K.D. Jha, the then Head Master of that institution, was forged, fabricated and manufactured.
Accordingly disciplinary proceeding was conducted and order of punishment was imposed upon the applicant as per rules, which was later affirmed by the Appellate Authority.. Therefore, this is a clear case of forgery and the action taken by the respondents was justified.
b) The applicant had submitted the 2nd School Leaving Certificate issued by Rajbansi Devi Uchha Vidya Mandir, Thepha, Siwan dated 03.02.79 mentioning the date of birth as 20.02.62 after issue of major penalty charge sheet. However, in the first page and also in the Attestation Form of the service record of the applicant his date of birth was mentioned as 30.02.62 and the name of the school was written as Nandalal Institution, Dhanbad, which was signed by the applicant and countersigned by a Gazetted Officer.
c) After correspondence with the Principal of Rajbansi Devi Uchha Vidya Mandir, Thepha, Siwan, he has stated vide letter dated 02.08.2013 that Sri R.K. Yadav (the applicant) was a student of Class-X and his date of birth is 20.02.1962 but added that all the previous records were set on fire by the protestors of anti reservation. During disciplinary enquiry, the applicant submitted on 26.02.2013 that he had never studied in Nandalal Institution, Digitally signed by SOMA BANDYOPADHYAY DN: C=IN, O=Personal, T=6794, OID.2.5.4.65= SOMA 133596418541584061RzFJVlZ8C5fhN1, Phone= 248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN= SOMA BANDYOPADHYAY BANDYOPADHYAY Reason: I am the author of this document Location:
Date: 2025.07.01 11:20:39+05'30' Foxit PDF Reader Version: 2024.3.0 7 Dhanbad whereas as per his declaration in the Attestation Form, which he himself had signed, the name of the institution from which he read upto Class-IX was recorded as Nandalal Institution/Chirkunda, Dhanbad. He had also stated that his father had submitted the SLC issued by the said institution. From such contradictory statements, it was clear that that the Transfer Certificate dated 03.02.79 available with the service record of the applicant is fake.
d) As per rules, after submission of a fake certificate at the time of appointment no second chance could be given for its rectification at a later stage. Therefore, the second School Leaving Certificate issued by Rajbansi Devi Uchha Vidya Mandir, Thepha, Siwan dated 03.02.79 mentioning the date of birth as 20.02.62, which was submitted by the applicant after issue of major penalty charge sheet is not acceptable. So far as passing of punishment order dated 10.02.2014 just before one day of issuance of interim order dated 11.02.2024 in O.A.No.351/171/2014 is concerned, it has been submitted that there was neither any prior information of filing of O.A.No.351/171/2014 or any written instruction of the Court with the Disciplinary Authority, therefore, the said authority had finalized the departmental proceeding by passing punishment order dated 10.02.2014.
e) The respondents have averred that the applicant was earlier removed from service for an accident case and thereafter reinstated in service after getting benefit of doubt after 9 years from the date of removal. During reinstatement, it was noticed by the authorities Digitally signed by SOMA BANDYOPADHYAY DN: C=IN, O=Personal, T=6794, OID.2.5.4.65= SOMA 133596418541584061RzFJVlZ8C5fhN1, Phone= 248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN= SOMA BANDYOPADHYAY BANDYOPADHYAY Reason: I am the author of this document Location:
Date: 2025.07.01 11:20:39+05'30' Foxit PDF Reader Version: 2024.3.0 8 that his date of birth was mentioned in the service record as 30.02.62 which was absurd. A clarification was obtained from the applicant, who submitted a memo dated 09.12.1987 issued by Nandalal Institution, Chirunda, Dhanbad , whereby it was stated that the date of birth of the applicant was inadvertently mentioned in the Transfer Certificate dated 03.02.1979 as 30.02.1962 instead of 20.02.1962. This document and the initial School Transfer Certificate were sent for verification to Nandalal Institution, Chirkunda, Dhanbad and the school authority had returned the documents vide letter dated 13.09.2012 (Annexure R/4) stating that the signature of the Headmaster was forged, fabricated and manufactured.
f) Meanwhile, the competent authority had given approval for temporarily feeding the date of birth as 20.02.1962 as per the clarificatory memo dated 09.12.1987 submitted by the applicant, which was automatically turned down after verification was made by the Welfare Inspector of the department from the school authorities. However, D&A proceedings against the applicant was conducted as per the extant procedure of D&A Rules, 1968 for submission of fake School Leaving Certificate/Transfer Certificate by giving adequate opportunity to prove himself not guilty of the charges levelled against him but he himself had given contradictory statement as stated in the preceding Para (f). Therefore, the instant application is misconceived and liable to be dismissed.
4. Heard the Learned Counsel for both sides and perused the pleadings and documents placed on record.
Digitally signed by SOMA BANDYOPADHYAY
DN: C=IN, O=Personal, T=6794, OID.2.5.4.65= SOMA 133596418541584061RzFJVlZ8C5fhN1, Phone= 248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN= SOMA BANDYOPADHYAY BANDYOPADHYAY Reason: I am the author of this document Location:
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5. It is noted that the respondents have taken a preliminary objection that the O.A. is not maintainable because the applicant has approached this Tribunal without exhausting the statutory remedy of submitting a Revision Application to the Revisional Authority. This objection is overruled on the ground that now a days it is a settled principle of law that review/revision is not an admitted statutory remedy.
6. During disciplinary enquiry, the applicant submitted on 26.02.2013 that he had never studied in Nandalal Institution, Dhanbad whereas as per his declaration in the Attestation Form, which he himself had signed at the time of joining, the name of the institution from which he read upto Class-IX was recorded as Nandalal Institution/Chirkunda, Dhanbad.
7. As stated above, the applicant was removed from service with regard to an accident case and was again reinstated as per this Tribunal's order dated 02.12.2022 passed in O.A.No.393 of 2007. During reinstatement of the applicant i.e. in the year 2012, contradictory facts regarding his date of birth came to light. It was noticed by the authorities that his date of birth was mentioned in the service record as 30.02.62 which was absurd as per English Calendar. A clarification was obtained from the applicant, who submitted a memo dated 09.12.1987 issued by Nandalal Institution, Chirunda, Dhanbad , whereby it was clarified that the date of birth of the applicant was inadvertently mentioned in the Transfer Certificate dated 03.02.1979 as 30.02.1962 instead of 20.02.1962. Correspondence was made with the Headmaster of Nandalal Institution, Chirkunda, Dhanbad, who vide letter dated 13.09.2012 (Annexure R/4) had informed the Staff & Welfare Inspector that the signature of Sri K.D. Jha, the then Head Master of that institution on the School Transfer Certificate of Raj Kumar Yadav seemed to be forged, fabricated and manufactured.
8. In view of the above, we find that the stand taken by the applicant regarding his School and actual date of birth is contradictory. It has been stated by the respondents Digitally signed by SOMA BANDYOPADHYAY DN: C=IN, O=Personal, T=6794, OID.2.5.4.65= SOMA 133596418541584061RzFJVlZ8C5fhN1, Phone= 248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN= SOMA BANDYOPADHYAY BANDYOPADHYAY Reason: I am the author of this document Location:
Date: 2025.07.01 11:20:39+05'30' Foxit PDF Reader Version: 2024.3.0 10 that the applicant had submitted the 2nd School Leaving Certificate issued by Rajbansi Devi Uchha Vidya Mandir, Thepha, Siwan dated 03.02.79 mentioning the date of birth as 20.02.62 (Annexure R/5) after issue of major penalty charge sheet. The respondents have further stated that they have also made correspondence with the Principal of Rajbansi Devi Uchha Vidya Mandir, Thepha, Siwan, who had informed vide letter dated 02.08.2013 that Sri R.K. Yadav (the applicant) was a student of Class-X and his date of birth is 20.02.1962 but added that all the previous records were set on fire by the protestors of anti reservation. However, no record to that effect was produced before us. We are not commenting anything regarding submission of the second School Transfer Certificate because per rules, after submission of a fake certificate at the time of appointment no second chance could be given for its rectification at a later stage after expiry of five years . Therefore, the second School Leaving Certificate issued by Rajbansi Devi Uchha Vidya Mandir, Thepha, Siwan dated 03.02.79 mentioning the date of birth as 20.02.62, which was submitted by the applicant after issue of major penalty charge sheet, is not acceptable. The second SLC is also not acceptable for the reason that the applicant was given appointment on the basis of the first SLC, which was issued by Nandalal Institution, Chirkunda, Dhanbad.
9. So far as the contention of the applicant regarding initiation of disciplinary proceeding after inordinate delay of 32 years is concerned, we find that the respondents have taken action as soon as they noticed the mistake at the time of reinstatement of the applicant. In our considered view, a mistake cannot be allowed to perpetuate on the ground of mere technicality. An employee like the applicant, who secured job by submitting fake School Leaving Certificate to the authorities, cannot be allowed to continue in service even after detection of forgery and practice of dishonesty.
Digitally signed by SOMA BANDYOPADHYAY
DN: C=IN, O=Personal, T=6794, OID.2.5.4.65= SOMA 133596418541584061RzFJVlZ8C5fhN1, Phone= 248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN= SOMA BANDYOPADHYAY BANDYOPADHYAY Reason: I am the author of this document Location:
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10. In view of the above, the O.A. is dismissed being devoid of any merit. No order as to costs.
(Suchitto Kumar Das) (Urmita Datta (Sen)
Administrative Member Judicial Member
Sb
Digitally signed by SOMA BANDYOPADHYAY
DN: C=IN, O=Personal, T=6794, OID.2.5.4.65=
SOMA 133596418541584061RzFJVlZ8C5fhN1, Phone=
248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN= SOMA BANDYOPADHYAY BANDYOPADHYAY Reason: I am the author of this document Location:
Date: 2025.07.01 11:20:39+05'30' Foxit PDF Reader Version: 2024.3.0