Central Administrative Tribunal - Jaipur
Birdhi Chand Meena vs Railway Board on 26 February, 2026
1
OA No. 15/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
JAIPUR BENCH, JAIPUR
...
ORIGINAL APPLICATION No. 15/2023
Order reserved on: 22.01.2026
Date of order: 26.02.2026
CORAM :
HON'BLE MS. RANJANA SHAHI, JUDICIAL MEMBER
HON'BLE MR. LOK RANJAN, ADMINISTRATIVE MEMBER
Birdhi Chand Meena son of Shri Jai Narayan Meena, aged about
34 years, resident of House No. 108, Ward No. 05, Dhani Pemaka
ki, Village Nangal Susawatan, Tehsil Amer, District Jaipur 302028,
presently working as IRSE Probationary officer at Pune (service
terminated on 28.08.2019) Mob NO. 9660807149, E-mail
[email protected]
Group-A
...Applicant
(By Advocate: Applicant in person)
VERSUS
1. Union of India through its Chairman, Railway Board, Rail
Bhawan, New Delhi. Pin-110001.
2. Member Infrastructure, Railway Board, Rail Bhawan, New
Delhi. Pin-110001.
3. The Director General, IRICEN (Indian Railways Institute of
Civil Engineering) Pune (Maharashtra) Pin-411001.
...Respondents
(By Advocate: Shri Ashish Dadhich)
YOGENDRA SINGH MEENA
YOGENDRA C=IN, PostalCode=328001, S=RAJASTHAN, STREET=
DHOLPUR, L=DHOLPUR, O=Personal,
SERIALNUMBER=
4e756f4c4c85f20cdefc1bed11c6cf501e5611721c1444fc0
SINGH 30def98a43faa36, OID.2.5.4.65=
e8ebcc48f49582c16cbe9a495d2e2f60, Phone=
7313ba10287f4ca4971252bd2b450795cdaa18df68cf3b27
MEENA 3119b94c2e919248, E=MEENAYOGENDRASINGH4@
GMAIL.COM, CN=YOGENDRA SINGH MEENA
2026.03.05 17:54:56+05'30'
2
OA No. 15/2023
ORDER
Per: Hon'ble Shri Lok Ranjan, Member (A)
The present O.A. has been filed by the Applicant upon being aggrieved by the impugned letter dated 14.12.2018 of the Respondent No.3 [Director-General, Indian Railways Institute of Civil Engineering (IRICEN)],wherebya notice for termination of service as Indian Railway Service of Engineers (IRSE) (Probationer) was served upon the Applicant; and further the impugned order dated 28.08.2019 issued on behalf of Respondent No.3, whereby the Applicant's service as IRSE (Probationer) was terminated with immediate effectand further a demand was made for refund immediately by the Applicant of Rs. 15,85,924/- towards the cost of training and other amounts received by the Applicant from Railway, i.e. the Respondent Department.
2. Based on the pleadings of the parties, the relevant matrix of facts had emerged to be as follows, briefly. The Applicant had appeared at the Engineering Services Examination (ESE)-2013, conducted by the Union Public Service Commission (UPSC) in pursuance of the Notification dated 06.04.2013. Eventually, he had qualified for the IRSE under the Civil Engineering category ; and in pursuance of the Offer of Appointment dated 31.10.2014, he had joined his training at the IRICEN, Pune on 15.12.2014 for the prescribed 78-week training program, originally scheduled up to 12.06.2016. During his training, the Applicant had been allotted to the North East Frontier Railway (NFR) vide order dated 02.03.2016. Separately, the Applicant had applied for leave for 04.04.2016 purportedly to travel to his home on account of urgent work in the family, which had been allowed by the Respondents ; and he had further sought for extension of such leave by one month each on 05.04.2016 and again on 06.05.2016 YOGENDRA SINGH MEENA YOGENDRA C=IN, PostalCode=328001, S=RAJASTHAN, STREET= DHOLPUR, L=DHOLPUR, O=Personal, SERIALNUMBER= 4e756f4c4c85f20cdefc1bed11c6cf501e5611721c1444fc0 SINGH 30def98a43faa36, OID.2.5.4.65= e8ebcc48f49582c16cbe9a495d2e2f60, Phone= 7313ba10287f4ca4971252bd2b450795cdaa18df68cf3b27 MEENA 3119b94c2e919248, E=MEENAYOGENDRASINGH4@ GMAIL.COM, CN=YOGENDRA SINGH MEENA 2026.03.05 17:54:56+05'30' 3 OA No. 15/2023 due to medical grounds of his own - but had eventually reported for duty on 15.10.2016. Meanwhile, the written part of the Posting Exams for IRSE Probationers had been conducted in June- 2016, which the Applicant had not appeared at ; but he had later cleared the said written part of the Posting Exam in October- 2016. However, the other essential parts of the Posting Exam - including the Viva-Voce and the Project Report Evaluation had remained- and those were also required to be cleared.
3. Subsequently, the Applicant had left unauthorizedly without intimation from 22.10.2016 onwards and had purportedly stayed at his home in Jaipur, ostensibly for medical treatment. The Respondents had meanwhile sent him various communications (viz. letters/e-mailsdated 19.01.2017, 05.04.2017, 21.06.2017, 28.09.2017, 16.11.2017, 10.01.2018, 11.06.2018 and 03.10.2018, etc. regarding his unauthorized absence, which had not been responded to by the Applicant. Further, in view of the Applicant not having cleared the Posting Examination in its entirety, specifically due to non-submission and consequently the non-fulfilment of clearing the Project Report Evaluation, the communications dated 30.11.2017 and 22.12.2017 had been issued - essentially advising the Applicant to appear at the supplementary Posting Examination and to submit his Project Report; and further advising that failure to do so would lead to necessary disciplinary action to be initiated. Upon the purported failure of the Applicant to comply with the advice vide the aforesaid communications and the consequent failure to clear the supplementary Posting Examination and failure to submit/clear the Project Report Evaluation, the probationary training of the Applicant was deemed to be not completed and a notice of termination of service was issued to him vide letter dated 14.12.2018 of the Respondent No.3. The same had also remained YOGENDRA SINGH MEENA YOGENDRA C=IN, PostalCode=328001, S=RAJASTHAN, STREET= DHOLPUR, L=DHOLPUR, O=Personal, SERIALNUMBER= 4e756f4c4c85f20cdefc1bed11c6cf501e5611721c1444fc0 SINGH 30def98a43faa36, OID.2.5.4.65= e8ebcc48f49582c16cbe9a495d2e2f60, Phone= 7313ba10287f4ca4971252bd2b450795cdaa18df68cf3b27 MEENA 3119b94c2e919248, E=MEENAYOGENDRASINGH4@ GMAIL.COM, CN=YOGENDRA SINGH MEENA 2026.03.05 17:54:56+05'30' 4 OA No. 15/2023 unanswered by the Applicant; upon which, after considering all the facts of the situation, the Railway Board had communicated vide letter dated 17.07.2019 its approval to the proposal dated 08.04.2019 of Respondent No.3 for termination of the Applicant's appointment as IRSE (Probationer). Consequently, vide the impugned Confidential Letter dated 28.08.2019 of the Respondent No.3, the termination with immediate effect of the Applicant's service as IRSE (Probationer) had been conveyed. Moreover thereby, theApplicant was required to refund Rs. 15,85,924/- towards the cost of training and other amounts received by him from Railway on account of failure to complete the probation. Purportedly, much later only after getting cured of his disease, the Applicant had checked his previous e-mails and found that his services had been terminated by the Respondents ; and had submitted aletter dated 22.06.2022 - in response to which, vide communication dated 30.09.2022 on behalf of the Respondent No.3, in conclusionthe Applicant had been advised to state the Rules under which he had made the request vide his letter dated 22.06.2022 and the Competent Authority to whom the said request had been submitted, which itself had not been responded to by the Applicant.
The Applicant had continued to pursue the matter further through the Right to Information. As per the Applicant, the Viva-Voce component of the Posting Exam had also been cleared by him later on an unspecified date - in support of which he had cited the response dated 13.07.2023 of the RTI related Appellate Authority of IRICEN Pune to his RTI Application dated 12.06.2015,providinga summarized statement of marks obtained by him in various Examinations - which showed that the Applicant had been absent and had thus been held to have failed the Viva- Voce at three attempts and after that he had purportedly remained present (date unspecified) and was eventually declared YOGENDRA SINGH MEENA YOGENDRA C=IN, PostalCode=328001, S=RAJASTHAN, STREET= DHOLPUR, L=DHOLPUR, O=Personal, SERIALNUMBER= 4e756f4c4c85f20cdefc1bed11c6cf501e5611721c1444fc0 SINGH 30def98a43faa36, OID.2.5.4.65= e8ebcc48f49582c16cbe9a495d2e2f60, Phone= 7313ba10287f4ca4971252bd2b450795cdaa18df68cf3b27 MEENA 3119b94c2e919248, E=MEENAYOGENDRASINGH4@ GMAIL.COM, CN=YOGENDRA SINGH MEENA 2026.03.05 17:54:56+05'30' 5 OA No. 15/2023 as 'Pass'at the Viva-Voce. Relevantly, the same RTI information had also shown for the Project Report component that there were no marks for project report alone, but were given for project presentation which included evaluation of project report also ; and that the Applicant had failed to appear for project presentation, even after being given more than 5-6 chances. Accordingly, his overall evaluation (out of 1250) in respect of various training-related examinations during his probation in IRSE was stated as 'Can't be done because of incomplete marks in posting exam'.
4. Meanwhile itself, aggrieved by the termination of his service, the Applicant had also filed the present O.A. on 17.01.2023, seeking thereby that the impugned letter/notice dated 14.12.2018 and the impugned order dated 28.08.2019 - both issued by the Respondent No.3 - be quashed and set aside ; and that the Respondents be directed to issue a letter of joining in favour of the Applicant along with all consequential benefits including his seniority.
5. It was essentially the case of the Applicant vide the present O.A. firstly, that the opportunity of hearing had not been afforded to him before termination of his service as IRSE Probationer ; secondly, that it was due to the non-completion of his M.Tech. degree requirements that he had been terminated - whereas other officers of his IRSE-Batch had also not completed the M.Tech., but were not terminated ; thirdly, that there was no such condition of completion of M.Tech. in the Guidebook for Training of IRSE probationers (Revised Nov.-2014) and the Applicant had completed the requirements of his 78-week training by clearing the written Posting Examination as per the aforesaid Guidebook ; and fourthly, because the Applicant had suffered YOGENDRA SINGH MEENA YOGENDRA C=IN, PostalCode=328001, S=RAJASTHAN, STREET= DHOLPUR, L=DHOLPUR, O=Personal, SERIALNUMBER= 4e756f4c4c85f20cdefc1bed11c6cf501e5611721c1444fc0 SINGH 30def98a43faa36, OID.2.5.4.65= e8ebcc48f49582c16cbe9a495d2e2f60, Phone= 7313ba10287f4ca4971252bd2b450795cdaa18df68cf3b27 MEENA 3119b94c2e919248, E=MEENAYOGENDRASINGH4@ GMAIL.COM, CN=YOGENDRA SINGH MEENA 2026.03.05 17:54:56+05'30' 6 OA No. 15/2023 from a very acute mental disease - which purportedly had been the reason for his inability to even see his e-mails and eventually to continue his service - tantamounted to a situation beyond his control, so he should not be asked to refund the cost of training.
6. Per contra, the Respondents had accepted only the matters of facts on record, but had contested the other contentions vide the present O.A. of the Applicant. It had thereby been submitted that the Applicant had no plausible case in his favour and was not entitled to any relief whatsoever. It was also submitted that the O.A. be dismissed being devoid of any merit
7. Regarding the Applicant's contention that the opportunity of hearing had not been afforded to him before termination of his service as IRSE Probationer - it had been submitted by the Respondents that the Applicant had remained unauthorizedly absent for extended durations - at first, from 04.04.2016 to 14.10.2016 and then from 22.10.2016 right till his termination on 28.08.2019 ; and though he had cleared the Written Part of the Posting Examination between 15.10.2016 to 21.10.2016, he had never submitted the Project Report or appeared at the Project Report Evaluation and Viva Voce. The need to clear the Project Report Evaluation and Viva-Voce, as per the Guidebook for Training of IRSE Probationers (Revised Nov.-2014), had repeatedly been communicated to the Applicant at his e-mail address, vide e-mails (dated 19.01.2017, 05.04.2017, 21.06.2017, 28.09.2017, 16.11.2017, 10.01.2018, 11.06.2018 and 03.10.2018) ; also intimating of the Project Report Evaluation and Viva-Voce being rescheduled for him on those multiple occasions to provide him opportunity to clear those pre-requisites. The Applicant had however neither responded nor appeared at the re-scheduled Examinations for him as per those communications.
YOGENDRA SINGH MEENA YOGENDRA C=IN, PostalCode=328001, S=RAJASTHAN, STREET= DHOLPUR, L=DHOLPUR, O=Personal, SERIALNUMBER= 4e756f4c4c85f20cdefc1bed11c6cf501e5611721c1444fc0 SINGH 30def98a43faa36, OID.2.5.4.65= e8ebcc48f49582c16cbe9a495d2e2f60, Phone= 7313ba10287f4ca4971252bd2b450795cdaa18df68cf3b27 MEENA 3119b94c2e919248, E=MEENAYOGENDRASINGH4@ GMAIL.COM, CN=YOGENDRA SINGH MEENA 2026.03.05 17:54:56+05'30' 7 OA No. 15/2023 Further, the Notice dated 14.12.2018 for his termination,apart from being sent to his email, had in addition been sent to the postal address provided by him, but had returned with the endorsement from the Postal Department that the addressee was not staying at that address ; and later, when the same communication was sent to the same postal address via the Speed Post and the Registered Post, the delivery of those had been confirmed on 05.02.2019 and 06.02.2019 respectively. Hence, the Respondents had presented that the actions of issuing the Notice dated 14.12.2018 from IRICEN and his eventual termination vide Order dated 28.08.2019 were the culmination of defaults and misconduct of the Applicant, inter alia - that he had failed to appear for and clear the Project Report Evaluation and Viva-Voce parts of the Posting Exam, in spite of the same being rescheduled several times for him ; that he had not sent any application to Respondents regarding his absence from 22.10.2016 onwards, despite his claim to the contrary ; and that he had not responded to the communications dated 30.11.2017 and 22.12.2017 and eventually to the notice for termination dated 14.12.2018 issued due to his continuous unauthorized absence for 740 days (from 22.10.2016 to 31.10.2018)at the time of issuing the notice and continuing his unauthorized absence even after that till his consequential termination vide Order dated 28.08.2019 ; etc. Also, it had been submitted that the Order dated 28.08.2019 was passed by strictly following the procedure prescribed for termination of services of probationers, including after obtaining the approval from the Railway Board on 17.07.2019 to the proposal dated 08.04.2019 of the Respondent No.3 ; and for termination of Applicant' service, no inquiry was needed since he YOGENDRA SINGH MEENA YOGENDRA C=IN, PostalCode=328001, S=RAJASTHAN, STREET= DHOLPUR, L=DHOLPUR, O=Personal, SERIALNUMBER= 4e756f4c4c85f20cdefc1bed11c6cf501e5611721c1444fc0 SINGH 30def98a43faa36, OID.2.5.4.65= e8ebcc48f49582c16cbe9a495d2e2f60, Phone= 7313ba10287f4ca4971252bd2b450795cdaa18df68cf3b27 MEENA 3119b94c2e919248, E=MEENAYOGENDRASINGH4@ GMAIL.COM, CN=YOGENDRA SINGH MEENA 2026.03.05 17:54:56+05'30' 8 OA No. 15/2023 was under probation at that time. In this regard the Respondents had relied upon the Para-301(3) and 301(4) of the I.R.E.C. Vol.-I which provided inter alia as follows -
"Termination of Service
301. Termination of service and period of notice-- ......
(3) Certain other railway servants.--The services of certain other railway servants specified below shall be liable to termination on notice on either side for the periods shown against each. Such notice is not, however, required in cases of dismissal or removal as a disciplinary measure after compliance with the provisions of clause (2) of Article 311 of the Constitution and compulsory retirement due to mental or physical incapacity.
(a) Probationary officers and Group A & Group B railway servants on Probation - 3 month's notice ......
(4) The service of any of the railway servants mentioned in clauses (1), (2) and (3) who is entitled to a notice of stipulated period may be terminated forthwith and on such termination the railway servant shall be entitled to claim a sum equivalent to the amount of his pay plus allowances for the stipulated period of notice at the same rates at which he was drawing them immediately before the termination of his service, or, as the case may be, for the period by which such notice falls short of the stipulated period of notice.
Note.(i)--The appointing authorities are empowered to reduce or waive, at their discretion the stipulated period of notice to be given by a railway servant but the reason justifying their action should be recorded. This power cannot be re-delegated.
(ii) However , in respect of Group 'A' probationers of railway services undergoing probationary training at the Centralized Training Institutes, this power may be exercised by the heads of Centralized Training Institutes where their probationary training has been centralized. (Authority: Railway Board's letter No. E(Trg.)2004(13)/2 dated 08.12.2004) Further also, it had been submitted by the Respondents that the Terms and Conditions for appointment of candidates recruited to variour Railway Services had clearly incorporated therein -
YOGENDRA SINGH MEENA YOGENDRA C=IN, PostalCode=328001, S=RAJASTHAN, STREET= DHOLPUR, L=DHOLPUR, O=Personal, SERIALNUMBER= 4e756f4c4c85f20cdefc1bed11c6cf501e5611721c1444fc0 SINGH 30def98a43faa36, OID.2.5.4.65= e8ebcc48f49582c16cbe9a495d2e2f60, Phone= 7313ba10287f4ca4971252bd2b450795cdaa18df68cf3b27 MEENA 3119b94c2e919248, E=MEENAYOGENDRASINGH4@ GMAIL.COM, CN=YOGENDRA SINGH MEENA 2026.03.05 17:54:56+05'30' 9 OA No. 15/2023
4. Termination of Appointment during probation 4.1The appointment of Probationers cam be terminated by three month's notice in writing on either side during the period of Probation in terms of Rule 301(3) of the Indian Railway Establishment Code Volume-I. Such notice is not however required in cases of dismissal or removal as a disciplinary meaure after compliance with the provisions of Clause (2) of Article 311of the Constitution and compulsory retirement due to mental or physical incapacity.
4.2If in the opinion of the Government the work or conduct of a probationer is unsatisfactory or shows that he is unlikely to become efficient, Government may discharge him forthwith. 4.3Failure to pass the Departmental examinations may result in termination of services. Failure to pass the examination in Hindi of an approved standard within the period of probation shall involve liability to termination of services.
4.4The Government, however, reserve the right to terminate the services forthwith in terms of Rules 149(4) ibid, as amended from time to time."
8. Regarding the Applicant's contentions related to his termination from service being due to his non-completion of M.Tech. degree requirements, without those being incorporated in the Guidebook for Training of IRSE Probationers - it was averred that the M. Tech. degree Scheme was implemented for IRSE- (2013, 2014 and 2015) batches and thus it was not done only for the Applicant's IRSE Batch. Further, for getting the M.Tech. degree from Savitri Bai Phule University (SPPU) Pune, no additional work or time was required from the IRSE probationers. The written papers, assignments, project etc., which were otherwise also required to be done as part of IRSE Probationary training, were to be treated as fulfilment of M.Tech. degree requirements. The Respondents contended that the question of holding against the Applicant the non-fulfilment of M.Tech. degree requirement, which as it is did not require any separate assignment or project work, would not arise ; and that per se was not the ground for termination of Applicant's services as would be YOGENDRA SINGH MEENA YOGENDRA C=IN, PostalCode=328001, S=RAJASTHAN, STREET= DHOLPUR, L=DHOLPUR, O=Personal, SERIALNUMBER= 4e756f4c4c85f20cdefc1bed11c6cf501e5611721c1444fc0 SINGH 30def98a43faa36, OID.2.5.4.65= e8ebcc48f49582c16cbe9a495d2e2f60, Phone= 7313ba10287f4ca4971252bd2b450795cdaa18df68cf3b27 MEENA 3119b94c2e919248, E=MEENAYOGENDRASINGH4@ GMAIL.COM, CN=YOGENDRA SINGH MEENA 2026.03.05 17:54:56+05'30' 10 OA No. 15/2023 clear from the impugned communications - both, the Notice dated 14.12.2018 and the Order dated 11.09.2019. Further incidentally, although the Applicant had claimed that he had cleared the written requirements of the M.Tech. degree, the same was incorrect on facts - since although the Applicant had appeared in certain written examinations conducted by SPPU Pune, the marksheet of the M.Tech. presented by him clearly showed that it was up to 03 Semesters only, whereas the M.Tech. Course consisted of 04 Semesters ; and even that would showthat the Applicant had failed in Course RTCE-01 (Bridges and Structures) in Semester-I and Course RTTC-04 (Applied Mathematics) in Semester-II.
Also further, the Respondents had averred that the completion of M.Tech. was not being deemed as mandatory for IRSE Probationers of concerned batches ; and had emphatically averred that almost all the IRSE Probationers of the IRSE-2013 batch as the Applicant had failed to complete all the requirements and obtain the M.Tech. degree in the stipulated probationary training period of 18 months - but for none of them, it was treated as failure to complete their probation. The training of all IRSE Probationers of 2013, 2014 and 2015 Batches, who had the opportunity to obtain an M.Tech. degree from SPPU Pune based on their training under probation, was deemed as completed upon fulfilment of the Posting Examination requirements, inter alia upon clearing the Viva-Voce and the Project Report Evaluation on different dates, whereas the Applicant had remained absent on the rescheduled Posting Examination dates continuously, without ever appearing for or clearing the Project Report Evaluation. Thus. the Respondents had contended that the Applicant's various contentions in the attempt to show that the M.Tech. degree Scheme YOGENDRA was introduced only for his Batch, that he had cleared SINGH MEENA YOGENDRA C=IN, PostalCode=328001, S=RAJASTHAN, STREET= DHOLPUR, L=DHOLPUR, O=Personal, SERIALNUMBER= 4e756f4c4c85f20cdefc1bed11c6cf501e5611721c1444fc0 SINGH 30def98a43faa36, OID.2.5.4.65= e8ebcc48f49582c16cbe9a495d2e2f60, Phone= 7313ba10287f4ca4971252bd2b450795cdaa18df68cf3b27 MEENA 3119b94c2e919248, E=MEENAYOGENDRASINGH4@ GMAIL.COM, CN=YOGENDRA SINGH MEENA 2026.03.05 17:54:56+05'30' 11 OA No. 15/2023 the written requirements for M.Tech. degree and that the non- completion of M.Tech. Project was the reason for his termination, would reflect the Applicant's intent tomislead through repeated false assertions.
9. Regarding the claim of the Applicant that he had fulfilled all the requirements of his training on probation as per the Guidebook for training of IRSE Probationers- The Respondents had submitted that while he had reported as IRSE (Probationer) at IRICEN, Pune on 15.12.2014, for training of 78-weeks that was to run upto 12.06.2016, but he had not completed the prescribed probationary training requirements mentioned in the aforesaid Guidebook. In particular,Item-20 of the Training Schedule of IRSE Probationers incorporated as Annexure-I to the aforesaid Guidebook, the Posting Examination was specified part of the 78- week training and Annexure-IV therein, the Posting Exam was a part of the training curriculum ; and the Annexure-IV thereto had shown the Syllabus and Marks for the Posting Examination component (Total 200 Marks)of the IRSE Probationers training, inter alia incorporating Project Work including Survey, Design and Estimating (30 Marks) and Viva-Voce (30 Marks) also as its components. The Applicant had been absent for an extended period (from 04.04.2016 to 14.10.2016) during his training on probation ; and after rejoining at IRICEN on 15.10.2016 he had appeared at the written part of the Posting Examination and had cleared the same. However, he did not appear for the Project Work Evaluation and the Viva-Voce - either at that time or later, despite intimation vide e-mails (dated 19.01.2017, 05.04.2017, 21.06.2017, 28.09.2017, 16.11.2017, 10.01.2018, 11.06.2018 and 03.10.2018) of the same being rescheduled for him on those multiple occasions to provide him opportunity to clear those pre- requisites. Resultantly, the said Project Work Evaluation and Viva-
YOGENDRA SINGH MEENA YOGENDRA C=IN, PostalCode=328001, S=RAJASTHAN, STREET= DHOLPUR, L=DHOLPUR, O=Personal, SERIALNUMBER= 4e756f4c4c85f20cdefc1bed11c6cf501e5611721c1444fc0 SINGH 30def98a43faa36, OID.2.5.4.65= e8ebcc48f49582c16cbe9a495d2e2f60, Phone= 7313ba10287f4ca4971252bd2b450795cdaa18df68cf3b27 MEENA 3119b94c2e919248, E=MEENAYOGENDRASINGH4@ GMAIL.COM, CN=YOGENDRA SINGH MEENA 2026.03.05 17:54:56+05'30' 12 OA No. 15/2023 Voce, which were integral part of the Posting Exam of probationary training itself as per Guidebook of the IRSE Probationers, had remained to be cleared by the Applicant. In respect of Project itself, the Respondents had averred that the Applicant's contention that he had not been assigned any Project Work as part of his training on probation was fallacious and misleading - since it had been decided for all the IRSE Probationers of the 2013-Batch (as well as 2014 and 2015 Batches) that instead of having two separate Projects - viz. one as part of the M.Tech. degree requirement and the other as part of the Posting Examination of probationary training - only one Project would be done for both the purposes ; as would also be corroborated from the Reply dated 14.07.2023 by the IRICEN to the RTI application dated 12.06.2023 made by the Applicant to the present O.A. The Respondents had brought on record that assignment of Project was done in a uniformly similar manner for all the IRSE Probationers of 2013 Batch. The Applicant had been assigned the topic of "Drainage Issues in Deep Cuttings" for the Project, but had failed to submit any Report or appear at/clear the Project Report Evaluation.
Further, several officers of 2013 (as well as 2014, 2015) batches had been allowed opportunities to clear the Project Report Evaluation and Viva-Voce later than the Posting Examination held after 78-weeks of their training on probation, which they had availed of and cleared those components of the Posting Examination in June-2018, or January-2019 or March-2019. However, the Applicant had been shown as Absent at the June- 2018 Posting Exam, having not even appeared for Project Work Evaluation as well as Viva Voce, which were integral parts of the Posting Exam component of the probationary training ; and had also not figured in the Mark Lists for Project and Viva Voce YOGENDRA SINGH MEENA YOGENDRA C=IN, PostalCode=328001, S=RAJASTHAN, STREET= DHOLPUR, L=DHOLPUR, O=Personal, SERIALNUMBER= 4e756f4c4c85f20cdefc1bed11c6cf501e5611721c1444fc0 SINGH 30def98a43faa36, OID.2.5.4.65= e8ebcc48f49582c16cbe9a495d2e2f60, Phone= 7313ba10287f4ca4971252bd2b450795cdaa18df68cf3b27 MEENA 3119b94c2e919248, E=MEENAYOGENDRASINGH4@ GMAIL.COM, CN=YOGENDRA SINGH MEENA 2026.03.05 17:54:56+05'30' 13 OA No. 15/2023 components of Posting Examination conducted during January- 2019 and March-2019. Consequently, he had failed to appear at/clear the Project Report Evaluation re-scheduled repeatedly for him ; whereas his such non-clearance of Posting Examination had rendered him liable for termination of his services, since as per Para 10.2 and 10.3 of Railway Board's Letter No.E(Trg)89(13)/3 dated 15.09.1992, probationers were to be given two chances to pass Posting Examination and probationers belonging to SC/ST community could be given a third chance, if prevented from appearing in the Examination either due to sickness or any reasons beyond control. The same had also been encapsulated in Para-5 of the Guidebook for Training of IRSE Probationers (Revised-Nov.2014).
10. Regarding the issue of Applicant's mental condition/disease being behind non-response by the Applicant to the communications from IRICEN/Respondent No.3 and thus being deemed as unauthorized absent - it was submitted that the Applicant had absented himself from his training duties under IRICEN for a substantial long period, unauthorizedly without following due procedure of leave application and its sanction. At first, his unauthorized leave was from (04.04.2016 to 14.10.2016), following the 04-week Induction Course at National Academy for Indian Railway (NAIR), Vadodara that was held from 08.03.2016 to 01.04.2016. Then, the Applicanthad at first requested vide his application dated 01.04.2016 for permission to go to his hometown on (02.04.2016 to 04.04.2016), those being Saturday and Sunday and for one-day of Casual Leave - which was sanctioned. Later, the Applicant vide his e-mail dated 05.04.2016 requested for extension of leave by 30-days on account of his own ill health, but without submitting any Medical Certificate from a Railway Doctor, despite being advised to do so YOGENDRA SINGH MEENA YOGENDRA C=IN, PostalCode=328001, S=RAJASTHAN, STREET= DHOLPUR, L=DHOLPUR, O=Personal, SERIALNUMBER= 4e756f4c4c85f20cdefc1bed11c6cf501e5611721c1444fc0 SINGH 30def98a43faa36, OID.2.5.4.65= e8ebcc48f49582c16cbe9a495d2e2f60, Phone= 7313ba10287f4ca4971252bd2b450795cdaa18df68cf3b27 MEENA 3119b94c2e919248, E=MEENAYOGENDRASINGH4@ GMAIL.COM, CN=YOGENDRA SINGH MEENA 2026.03.05 17:54:56+05'30' 14 OA No. 15/2023 on 06.04.2016. He later sought further extension by another 30 days through another e-mail dated 06.05.2016, again without submitting any Medical Certificate from a Railway Doctor ; and had continued to remain absent without due intimation thereaftertill joining back at IRICEN on 15.10.2016. Moreover, in his related undated leave applications submitted after re-joining 15.10.2016, he had mentioned the reason for absence as health issues of his mother and grandparents, while asking to be granted Leave Without Pay.
Importantly, it had been submitted that soon thereafter the Applicant had been absentonce again without intimationeventually for over 34 months,from 15.10.2016 continuously till his termination effected from 28.08.2019 ; and had not responded at all to various letters/e-mail communications from the Respondents in that period, for which the Applicant had sought to ascribe to his own sickness/mental disease. Nonetheless, in this regard, the Respondents had cited the various provisions of the procedural system/guidelines that were not adhered to, inter alia as follows.
Further, in the situation the Applicant was not in a position to inform the same himself, the Para-511 of the I.R.E.C. Vol.-I provided that such an intimation/application could be signed and submitted inter alia by the Railway servant's spouse or his parents in case unmarried or his brother/sister who had attained the age of majority - which also had not been observed in the case of the Applicant.
As per Para-519 of the I.R.E.C. Vol.-I, the Applicant should have reported to the nearest Railway Medical Officer for treatment or for reference to a Specialist Hospital, if need be ; and should have obtained the proper Medical Certificate. In case, he was not able to visit Railway YOGENDRA SINGH MEENAdoctor, he should have sent intimation about his YOGENDRA C=IN, PostalCode=328001, S=RAJASTHAN, STREET= DHOLPUR, L=DHOLPUR, O=Personal, SERIALNUMBER= 4e756f4c4c85f20cdefc1bed11c6cf501e5611721c1444fc0 SINGH 30def98a43faa36, OID.2.5.4.65= e8ebcc48f49582c16cbe9a495d2e2f60, Phone= 7313ba10287f4ca4971252bd2b450795cdaa18df68cf3b27 MEENA 3119b94c2e919248, E=MEENAYOGENDRASINGH4@ GMAIL.COM, CN=YOGENDRA SINGH MEENA 2026.03.05 17:54:56+05'30' 15 OA No. 15/2023 condition to the Railway Doctor. Regarding, the Applicant's presentation that he had approached the concerned Railway Hospital at Jaipur - where the Medical Officer had refused to extend treatment despite the Applicant presenting his Railway I- Card/Card-Pass and demanded that the Applicant produce a specific recommendation from IRICEN Pune - the Respondents had submitted inter alia that the ground taken was never reported previously by the Applicant ; the same was based on purported verbal communications with an unidentified Medical Officer ; and importantly, the same was untenable in face of Para-626 of the Indian Railway Medical Manual (I.R.M.M.) which allowed for treatment in absence of Medical I-Card and in no case was IRICEN's recommendation required prior to treatment. Also, the submission of Sickness Certificate and Fitness Certificate from an authorized Medical practitioner in the format and manner prescribed as per Para-520 of the Indian Railway Establishment Code (I.R.E.C.) Vol.-I, was essential for any Government Employee, for considering his absence from duty on medical grounds and to allow him to join back. In this case, the petitioner had not submitted any Sickness/Fitness certificate in proper format from an authorized medical practitioner ; and had remained absent from duties continuously for nearly 34 months till issue of Order of terminationof his service on 28.08.2019. Further, it was also contended that even through his letter dated 22.06.2022 submitted nearly 03 years after his termination, the petitioner had submitted some test reports /prescriptions from a private doctor without adhering to the due procedure as per I.R.E.M. and I.R.M.M. or producing the requisite Sickness and Fitness Certificates.
It was also averred that the Para-574 of the I.R.M.M. Vol.-I requires that the Railway staff who had recovered from mental YOGENDRA SINGH MEENA YOGENDRA C=IN, PostalCode=328001, S=RAJASTHAN, STREET= DHOLPUR, L=DHOLPUR, O=Personal, SERIALNUMBER= 4e756f4c4c85f20cdefc1bed11c6cf501e5611721c1444fc0 SINGH 30def98a43faa36, OID.2.5.4.65= e8ebcc48f49582c16cbe9a495d2e2f60, Phone= 7313ba10287f4ca4971252bd2b450795cdaa18df68cf3b27 MEENA 3119b94c2e919248, E=MEENAYOGENDRASINGH4@ GMAIL.COM, CN=YOGENDRA SINGH MEENA 2026.03.05 17:54:56+05'30' 16 OA No. 15/2023 diseases should not be employed in certain posts - inter alia any technical duties involving more than ordinary strain and self control , or any duties in which loss of control or a relapse of the disorder may result in loss of life and damage to the property - and it appeared to be applicable for the Applicant's service in IRSE right through. In any case, the Applicant by not informing/concealing about his serious ailments such as memory lossand mental disease either at the time of joining back on 15.10.2016 or at any other time till his termination on 28.08.2019 had tried to preclude the assessment of whether he was physically/medically fit to be continued in Railway service as per prescribed medical standards - the failure to meet those was admittedly established vide his letter dated 22.06.2022.
11. We have gone through the pleadings of the parties including the relevant documents, inter alia the relevant provisions of the I.R.E.C. and I.R.M.M., the Guidebook for Training of IRSE Probationers (Revised-Nov.2014) issued by IRICEN Pune, the Terms and Conditions for Candidates recruited to Various Railway Services, incorporating the Revised Service Instructions issued vide Railway Board's Letters dated 15.09.1992 and 31.12.2003, etc. as cited before us ; as well as the impugned Notice dated 14.12.2018 and the Order dated 11.09.2019 issued on behalf of the Director, IRICEN, i.e. the Respondent No.3. We have also heard the arguments of the Applicant who appeared in person and the learned Counsel for the Respondents.
Based on the same, it had emerged at the outset that the impugned Notice dated 14.12.2018 as well as the Order dated 11.09.2019 - both, related to termination of the service of the Applicant had been issued not due to his failure to fully clear the requirements of the M. Tech. degree courseas the basis ; neither had any action been taken for the same against him or any of his YOGENDRA SINGH MEENA YOGENDRA C=IN, PostalCode=328001, S=RAJASTHAN, STREET= DHOLPUR, L=DHOLPUR, O=Personal, SERIALNUMBER= 4e756f4c4c85f20cdefc1bed11c6cf501e5611721c1444fc0 SINGH 30def98a43faa36, OID.2.5.4.65= e8ebcc48f49582c16cbe9a495d2e2f60, Phone= 7313ba10287f4ca4971252bd2b450795cdaa18df68cf3b27 MEENA 3119b94c2e919248, E=MEENAYOGENDRASINGH4@ GMAIL.COM, CN=YOGENDRA SINGH MEENA 2026.03.05 17:54:56+05'30' 17 OA No. 15/2023 several batch-mates who also did not fully clear the M.Tech. course requirements. Instead, both the aforesaid impugned communications vide Notice dated 14.12.2018 and the Order dated 28.08.2019, had been issued to the Applicant in light of hishaving cleared only the written part of the Posting Examination and not in toto, inter alia the Project Report Evaluation in spite of being provided opportunities to complete those by rescheduling the Supplementary Examinations for him on multiple occasions ; and eventually, on account of gross misconduct and lack of dedication towards duty on his part - as reflected inter alia in his failure to appear at/clear the Posting Examination in toto despite being provided several opportunities ; and in his remaining absent for prolonged period in unauthorized manner, without informing or responding to multiple communications from the Respondents. It had also been shown that the Annexure-IV of the Guidebook for Training of IRSE Probationers (Revised Nov.-14) - which was applicable to all IRSE Probationers of IRSE-2013 Batch, inter alia the Applicant - the Syllabus for Posting Examination of IRSE Probationers (Total 200 Marks), inter alia incorporated the Project Work including Survey. Design and estimating (30 Marks) and Viva Voce (30 Marks) also as its components. Consequently, it was also found further that while the Applicant had admittedly appeared at/passed the Written Part of the Posting Examination in October-2016, he had not appeared then at the Project Report Evaluation and Viva-Voce, which remained to be cleared by the Applicant ; and thus, the clearing of the Posting Examination was not fulfilled in toto.
Regarding the Applicant's contention that he had never been assigned any Training Project for Posting Examination on completion of probation, but had only been assigned the M.Tech. Project - which he admittedly could not complete ; it had been YOGENDRA SINGH MEENA YOGENDRA C=IN, PostalCode=328001, S=RAJASTHAN, STREET= DHOLPUR, L=DHOLPUR, O=Personal, SERIALNUMBER= 4e756f4c4c85f20cdefc1bed11c6cf501e5611721c1444fc0 SINGH 30def98a43faa36, OID.2.5.4.65= e8ebcc48f49582c16cbe9a495d2e2f60, Phone= 7313ba10287f4ca4971252bd2b450795cdaa18df68cf3b27 MEENA 3119b94c2e919248, E=MEENAYOGENDRASINGH4@ GMAIL.COM, CN=YOGENDRA SINGH MEENA 2026.03.05 17:54:56+05'30' 18 OA No. 15/2023 brought out that that instead of having two separate Projects - viz. one as part of the Posting Examination of probationary training and the other as part of the M.Tech. degree requirement
- only one Project had been done for both the purposes ; and the assignment of Projects to all the IRSE Probationers of 2013 Batch and their Project Report Evaluation was done on similar basis. Even for the IRSE Batches, when the M.Tech. course was not introduced previously or had been discontinued later - the clearance and completion of Written Papers/assignments, Project Evaluation etc. was required for successful completion of the probationary training.
It had also been found that the Applicant was accorded opportunity to appear at the Project Report Evaluation and Viva- Voce, through subsequent Exams scheduled for him in January- 2017, April-2017, July-2017 and October-2017 respectively, but had neither appeared nor cleared the remaining Project Report Evaluation and Viva-Voce parts of the Posting Examination at those. It had further also been found that the Applicant had admittedly not responded to - either, the letter dated 30.11.2017 vide which he had been advised to report at the Instituteand submit his Project Report to complete the Posting Exam and relieving formalities, failing which of action likely against him ; or, to the letter dated 22.12.2017 vide which he had been advised to appear at the supplementary examination scheduled during January-2018 and of the action to be taken against him in case of failure to do so. It had been found moreover, that the Applicant had still been given yet another opportunity to appear at the subsequent Examination held in June-2018, but had neither appeared at thatnor offered any explanation on his part. It had also emerged that the Applicant had all along remained absent continuously in an unauthorized manner from 22.10.2016, YOGENDRA SINGH MEENA YOGENDRA C=IN, PostalCode=328001, S=RAJASTHAN, STREET= DHOLPUR, L=DHOLPUR, O=Personal, SERIALNUMBER= 4e756f4c4c85f20cdefc1bed11c6cf501e5611721c1444fc0 SINGH 30def98a43faa36, OID.2.5.4.65= e8ebcc48f49582c16cbe9a495d2e2f60, Phone= 7313ba10287f4ca4971252bd2b450795cdaa18df68cf3b27 MEENA 3119b94c2e919248, E=MEENAYOGENDRASINGH4@ GMAIL.COM, CN=YOGENDRA SINGH MEENA 2026.03.05 17:54:56+05'30' 19 OA No. 15/2023 both, for the period till 31.10.2018 - for which the impugned notice dated 14.12.2018 came to be issued at first ;and in continuation till 28.08.2019 - when the Order/Letter for termination of his appointment came to be issued after obtaining the due approval of the Railway Board conveyed vide Letter dated 17.07.2019.
12. Regarding the contention of the Applicant that during the period of his absence, he was unable to submit leave applications or respond to the communications from the Respondents since he was suffering from a severe mental disease - apart from the Respondents reference to Para-511 of the I.R.E.C. Vol.-I which would allow his spouse or parents or a major brother or sister to do it on his behalf, we could not but take note of certain facts presented on record. These inter alia included - that the Applicant got married on 13.07.2016 to a Group-A Central Service (Indian Revenue Service- Income Tax) officer and had got his marriage registered on 31.08.2016/01.09.2016 ; that he had also submitted the application dated (nil) received in the Office of the Director IRICEN on 29.09.2016 seeking for the change of theRailway Zone allotted to him from the North East Frontier Railway (NFR) to North Western Railway (NWR) ; that he had been issued the M.Tech. Marksheet dated 01.04.2019 on the basis of the Examination of May-2017 ; his clearance of the Viva- Voce as shown vide the RTI response dated 13.07.2023 which could only be after 27.06.2018 since he was shown in the related Mark List to have not cleared the same till then and also absent on that date - all of which had pertained to the period of his alleged unauthorized absence statedly on account of his severe mental disease and inability to use e-mail or other communication channels or communicate with other members of the family ; that would have implied the Applicant to be in control of his mental YOGENDRA SINGH MEENA YOGENDRA C=IN, PostalCode=328001, S=RAJASTHAN, STREET= DHOLPUR, L=DHOLPUR, O=Personal, SERIALNUMBER= 4e756f4c4c85f20cdefc1bed11c6cf501e5611721c1444fc0 SINGH 30def98a43faa36, OID.2.5.4.65= e8ebcc48f49582c16cbe9a495d2e2f60, Phone= 7313ba10287f4ca4971252bd2b450795cdaa18df68cf3b27 MEENA 3119b94c2e919248, E=MEENAYOGENDRASINGH4@ GMAIL.COM, CN=YOGENDRA SINGH MEENA 2026.03.05 17:54:56+05'30' 20 OA No. 15/2023 state at least for those specific sub-periods within the period of his continuous absence, but had still not communicated or responded to the concerned Respondent authorities.
13. Regarding the liability of the Applicant to recovery of costs of his training and any other money paid to him during the period of his probation, for which he had purportedly executed a bond also, the relevant Item in the Terms and Conditions for candidates recruited to various Railway services, read inter alia as -
"3. Refund of Cost of Training :
If for any reasons which in the opinion of the Government are not beyond the control of the Probationers, a Probationer wishes to withdraw from training or probation he shall be liable to refund the whole cost (Approx. Rs.2.20 Lakh) of his training and any other money paid to him during the period of his probation. For this purpose, he will execute a bond as in the proforma placed below. The Probationers permitted to apply for appointment to Indian Administrative Service, Indian Foreign Service etc. will not, however, be required to refund the cost of the training."
In the present case, is undisputed that the services of The Applicant as IRSE Probationer came to be terminated not as per the wish of the Applicant to withdraw from training or probation for any reason whatsoever ;but had been terminated by the Respondents. In the circumstances, a plain reading of the Para-5 of the Terms and Conditions for Candidates recruited to various Railway Service would not show that the liability to refund the whole cost of training and other money paid to him during the period of his probation would arise against the Applicant even on his terminationitself - which in ordinary sense was not deemable as a Probationer wishing to withdraw from training or probation, even before assessingconsequentially if the same was for reasonsnot beyond his control.
However, from the Para-12 of the Order dated 28.08.2019 for termination of the Applicant, in total Rs.15,85,924/- had been YOGENDRA SINGH MEENA YOGENDRA C=IN, PostalCode=328001, S=RAJASTHAN, STREET= DHOLPUR, L=DHOLPUR, O=Personal, SERIALNUMBER= 4e756f4c4c85f20cdefc1bed11c6cf501e5611721c1444fc0 SINGH 30def98a43faa36, OID.2.5.4.65= e8ebcc48f49582c16cbe9a495d2e2f60, Phone= 7313ba10287f4ca4971252bd2b450795cdaa18df68cf3b27 MEENA 3119b94c2e919248, E=MEENAYOGENDRASINGH4@ GMAIL.COM, CN=YOGENDRA SINGH MEENA 2026.03.05 17:54:56+05'30' 21 OA No. 15/2023 demanded to be reimbursed by the Applicant, inclusive of - Rs. 2,20,000/- as cost of training (as per Item-3 of the terms and Conditions for candidates recruited to various Railway services) ; Rs.11,04,304/- as Salary & allowances paid from Dec.-2014 to Oct.-2016 ; Rs.25,000/- as cost of laptop ; Rs.17,700/- as cost of tablet computer ; Rs.34,000/- as cost of passes for joining duty and during field training ; Rs.15,000/- as cost of privilege passes ; and Rs.1,69,000/- as interest on the total amount calculated thus. On the other hand, the Bond as executed by the Applicant, that could have shown the agreed liability to recovery exactly,was not presented before this Tribunal. In the circumstances, the determination of the legality of the recovery of the cost of training and other payments etc. - either in terms of Applicant's liability per se or in terms of the heads/amounts for which it would be payable - was rendered infeasible.
14. In the conspectus of the foregoing, it had been found that the action for termination of the service as IRSE Probationer had been taken against the Applicant while he was still not confirmed and had continued to be on probation and the conditions applicable to him inter alia for termination were those for IRSE appointees on probation. It had also been found that the action of termination as IRSE Probationer had been taken not on account of his non-completion of M.Tech. degree requirements, but due to non-completion of his probation training requirements, specifically the Project Report Evaluation part of the Posting Examination component of the 78-week training schedule, despite it being rescheduled for him on multiple occasions.
Further, it had also been found that the Applicant had remained absent for substantial periods (from 04.04.2016 to 14.10.2016) and (from 22.10.2016 till his termination on 28.08.2019). For the latterYOGENDRA period of absence aforesaid, for which eventually the SINGH MEENA YOGENDRA C=IN, PostalCode=328001, S=RAJASTHAN, STREET= DHOLPUR, L=DHOLPUR, O=Personal, SERIALNUMBER= 4e756f4c4c85f20cdefc1bed11c6cf501e5611721c1444fc0 SINGH 30def98a43faa36, OID.2.5.4.65= e8ebcc48f49582c16cbe9a495d2e2f60, Phone= 7313ba10287f4ca4971252bd2b450795cdaa18df68cf3b27 MEENA 3119b94c2e919248, E=MEENAYOGENDRASINGH4@ GMAIL.COM, CN=YOGENDRA SINGH MEENA 2026.03.05 17:54:56+05'30' 22 OA No. 15/2023 impugned Notice for termination dated 14.12.2018 had been issued to him - he had remained incommunicado, despite numerous communications including the aforesaid Notice also from IRICEN vide e-mail at his e-mail ID ; and also vide Speed Post/Registered Letter at the postal address provided by him. Moreover, while the Applicant had sought to present that he had remained absent from 22.10.2016 onwards without communication to the Respondents due to his serious mental disease, it is found inter alia that the same had never been conveyed as per extant Rules/guidelines, either by him or his spouse/parents/siblings, prior to his communication dated 22.06.2022 made post-facto his termination ; that he had also not reported to the Railway Medical authorities or had even furnished the prescribed Sickness/Fitness certificates from the private Medical practitioner in the defined format ; that within that period, he had undertaken activities that would indicate his being in control of his mental faculties and had yet not communicated with the Respondent authorities, either of his own or in response to their multiple communications.
15. Therefore, we hold that the action for termination of the Applicant's services as IRSE Probationer taken by the Respondents was not required to be interfered with by this Tribunal. Hence the impugned communications - the Notice for termination dated 14.12.2018 and the Order for termination dated 28.08.2019 - are not interfered with by us in respect of the termination of Applicant's service as IRSE Probationer.
16. However, regarding the liability of recovery of the training costs, the Respondents are directed to re-examine the same specifically in light of whether the same would be recoverable per se under the Item-3 of the Terms & Conditions, which required YOGENDRA SINGH MEENA YOGENDRA C=IN, PostalCode=328001, S=RAJASTHAN, STREET= DHOLPUR, L=DHOLPUR, O=Personal, SERIALNUMBER= 4e756f4c4c85f20cdefc1bed11c6cf501e5611721c1444fc0 SINGH 30def98a43faa36, OID.2.5.4.65= e8ebcc48f49582c16cbe9a495d2e2f60, Phone= 7313ba10287f4ca4971252bd2b450795cdaa18df68cf3b27 MEENA 3119b94c2e919248, E=MEENAYOGENDRASINGH4@ GMAIL.COM, CN=YOGENDRA SINGH MEENA 2026.03.05 17:54:56+05'30' 23 OA No. 15/2023 the recovery to be invoked if a Probationer wished to withdraw from training or probation, whereas the services as IRSE Probationer of the Applicant herein had been terminated by the Respondents. Further, it is also directed that based on the findings of the aforesaid re-examination, the Respondents shall issue a final Order regarding recovery or otherwise ;and the recoveryamount if any, clearly specifying the break-upfor each individual sub-head of recovery and substantiating the Applicant's liability for the same as per the Bond executed as per Para-3 of the applicable Terms and Conditions (supra). The same shall be done within a period of eight weeks from the date of receipt of a certified copy of this Order. It is further directed in light of the foregoing as well as the Para-13 herein above, that the Respondents shall not enforce any recovery against the Applicant before issuing the final Order regarding recovery or otherwise as directed herein.
17. It shall be open to the Applicant to challenge the said Order, if so advised, through a suitable remedy available at an appropriate forum.
18. Accordingly, the present O.A. is disposed of in the terms and with directions as aforesaid. No order as to costs.
(Lok Ranjan) (Ranjana Shahi)
Member (A)
Member (J)
/ysm/
YOGENDRA SINGH MEENA
YOGENDRA C=IN, PostalCode=328001, S=RAJASTHAN, STREET=
DHOLPUR, L=DHOLPUR, O=Personal,
SERIALNUMBER=
4e756f4c4c85f20cdefc1bed11c6cf501e5611721c1444fc0 SINGH 30def98a43faa36, OID.2.5.4.65= e8ebcc48f49582c16cbe9a495d2e2f60, Phone= 7313ba10287f4ca4971252bd2b450795cdaa18df68cf3b27 MEENA 3119b94c2e919248, E=MEENAYOGENDRASINGH4@ GMAIL.COM, CN=YOGENDRA SINGH MEENA 2026.03.05 17:54:56+05'30'