Central Administrative Tribunal - Patna
Pintu Kumar vs N.F.Railway on 13 July, 2023
//1// OA/050/00647/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
O.A. No. 050/00647/2022
050/00
Date of Order:13th July, 2023
CORAM
HON'BLE MR M.C. VERMA,
VERMA MEMBER [J]
HON'BLE MR. SUNIL KUMAR SINHA, MEMBER [A]
Pintu Kumar, Son of Sri Rambriksh Prasad, Ex Senior Assistant Loco
Pilot, North
North-Eastern
Eastern Railway, Crew Lobby, Gorakhpur, Resident of
Village
Village-Jorarpur, Post- Pachauri, PS-
PS Dipnagar, District- Nalanda--
803101 (Bihar).
.......... Applicant.
By Advocate ::- Shri M.P. Dixit.
-Versus
Versus-
1. The Union of India through the General Manager, North Eastern
Railway, Gorakhpur, PIN Code - 273001 (UP).
2. The Additional Divisional Railway Manager (OP), North Eastern
Railway, Lucknow Jn, PIN Code
Code-226001
226001 (UP).
3. The Senior Divisional Personnel Officer, North Eastern Railway,
Lucknow Jn, PIN Code
Code-226001
226001 (UP).
4. The Senior Divisional Mechanical Engineer (OP), North Eastern
Railway, Lucknow Jn, PIN Code
Code-226001
226001 (UP).
5. The Senior Divisional Financial Manager, North Eastern R
Railway,
ailway,
Lucknow Jn, PIN Code
Code-226001
226001 (UP).
......... Respondents.
By Advocate ::- Shri A.K. Singh.
O R D E R (O R A L)
M.C. Verma, M[J]
1. OA is at admission stage hearing. OA has been heard for final disposal.
2. The OA has been preferred assailing and for quashing of order dated 19/24.01.2022 of removal from Railway Service under Rule 14(ii) of the Railway Servants (Discipline & Appeal) Rules 1968 (Annexure - A/1) passed by the Disciplinary Authority and also for //2// OA/050/00647/2022 quashing of Order dated 13.07.2022 passed in his Departmental Appeal.
3. The OA is at admission stage hearing, written statement has already been filed and applicant do not want to file rejoinder. Heard, admit. Heard further for final disposal.
4. Crux of applicant's 's case, as has been pleaded is is that against the post notified by RRB Muzaffarpur in 2014, under CEN 01/2014 was appointed as Assistant Loco Pilots (ALP) on 17.06.2016.. That his appointment was made after going through the due selection process, which includes written test, aptitude te test st and document verification verification. That Disciplinary Authority, Authority on 20.12.2021, issued show cause notice to the applicant stating that his handwriting on answer sheet/document at different stages of recruitment process w was sent for examination to Government Examiner of Questioned Documents (GEQD) at Forensic Science Laboratory (FSL), Kolkata and the report reveals a mismatch and it establishes, establishes beyond doubt, that he had impersonat impersonated in the written examination.
examination The applicant was directed to submit explanation within 15 days days, which was duly filed by him..
The Disciplinary Authority held that the explanation submitted by the applicant was not satisfactory and it was not reasonably practicable to hold regular inquiry as the appli applicant cant may indulge in malpractices/impersonation to disturb the working environment. The Disciplinary Authority dismissed him from Railway Service with immediate effect under Rule 14(ii) of the R Railway ailway Servants (Disciplinary isciplinary &Appeal) Rules, 1968.
//3// OA/050/00647/2022 5. Respondents
ts in their written statement has not denied the factual aspects that he has been dismissed from service under Rule 14(ii) of the Railway Service (D & A) Rules, 1968 for the reasons of impersonation in the recruitment process and that it was done without regular egular Disciplinary Proceedings. That Disciplinary Proceedings was dispensed with with. They have justified their act.
6. Learned counsel Shri M.P. Dixit submits that not only the applicant of this OA but several other similarly recruited Assistant Loco Pilot pursuant to advertisement Notice No.1/2014 were removed from service under Rule 14(ii) of the Railway Service (D & A) Rules, 1968, alleging impersonation in the recruitment process and some of those removed/ dismissed Loco Pilots lots preferred OA on the file of this Tribunal assailing that order of dismissal from service under Rule 14(ii) of the Railway Servants (Discipline & Appeal) Rules, 1968 contending that without conducting any Disciplinary Proceeding in totality of facts is illegal.. This Tribunal disposed dispose of four of said OAs,, as batch case with lead OA No.548/2021, vide its common order dated 27.05.2022 and arrived at conclusion that Disciplinary Proceeding in nature of case needs to be there and therefore quashing the order of dismissal/removal gave some directions to the respondents. He referred the decision dated 27.05.2022 passed in OA No.548/2021 and concluded his submission that case of the applicant being identical, in factual and in legal issue, issue may be disposed of in terms of decision rendered in OA No.548/2021.
//4// OA/050/00647/2022
7. Learned counsel for respondents fairly do concede conced that facts and the legal issue involved in this case are identical with the case of applicant of OA No.548/2021 and applicants of other connected OAs decided by common decision with OA No.548/2021 and claiming no dis dis-similarity he submits to pass appropriate order.
8. It is not the case of respondents that present OA in any way is on different footings or is dis-ssimilar or is not identical either in facts or in nature, from OA No.548/2021.
No.548/2021 Said aid OA No.548/2021 was disposed of by this Bench, vide decision dated 27.05.2022 in following terms:-
"8. Accordingly the impugned order(s) of dismissal of applicant(s) dated 17.05.2021 in all the four O.As. (Annexure A/1 in each ach O.A.) passed under Rule 14(ii) of the Railway Servants (Discipline & Appeal) Rules, 1968 by the Disciplinary Authority and order dated 10.01.2022 passed in appeal of applicants in O.A. Nos. 94/2022, O.A. Nos. 95/2022 & O.A. Nos. 98/2022 (Annexure A/2 in n these three O.A.) as well order dated 21.12.2021 passed in appeal of applicant of O.A.No.548/2021 are hereby quashed and set aside. However, this order shall not impede the Respondents from holding regular departmental enquiry against the applicants by giving giving proper charge-sheet sheet under the RS(D&A) Rules, 1968. While it shall be open for the applicants to claim consequential benefits, the Respondents may restrict the benefits to what has been given to similarly placed officials facing departmental proceeding proceeding for the same charge in their Divisions & other Divisions of E.C. Railway, if they decide to hold the departmental enquiries against these applicants.
9. To the extent of above said directions, all the four O.A.(s) are allowed. MAs, if any also stand disposed disposed of. No order as to costs.
10. This Original order will be kept in the file of O.A. No 548/2021 and its photocopies will be placed in rest three files."
//5// OA/050/00647/2022
9. Taking note of legal and factual scenario impugned orders, s, dated 19/24.01.2022 .2022 and 13.07.2022, 13.07.2022 of OA in hand, are quashed and this OA is disposed of in terms of order dated 27.05.2022 27.05.2022, quoted above, passed in OA No.548/2022.
Sd/- Sd/-
[Sunil Kumar Sinha] [M.C. Verma]
Member [A] Member [J]
sks/-