Central Administrative Tribunal - Kolkata
Sourav Das vs South Eastern Railway on 9 January, 2024
1 O.A. 007 of 24
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
O.A. 350/007/2024 Date of order: 09.01.2024
Coram : Hon'ble Mr. Jayesh V. Bhairavia, Judicial Member
Hon'ble Mr. Suchitto Kumar Das, Administrative Member
SHRI SOURAV DAS, son of Late Panchanan Das,
aged about 39 years, residing at Village
Palaskhola, P.O. + Police Station- Adra, District-
Purulia, Pin- 723121 and presently working to the
post of Chief Law Assistant at Adra Division of
South Eastern Railway, Mobile No. 7908348527
and Email ID - [email protected]
....... Applicant.
-versus-
1. UNION OF INDIA service through the Secretary,
Ministry of Railway, Government of India, Rail
Bhawan, Rafi Marg, New Delhi-110001.
2. THE EXECUTIVE DIRECTOR (FREIGHT
MARKETING), Ministry of Railway, Government of
India, Rail Bhawan, Rafi Marg, New Delhi-110001.
3. THE GENERAL MANAGER, South Eastern
Railway, 11, Garden Reach Road, Kolkata-700043;
4. THE PRINCIPAL CHIEF COMMERCIAL MANAGER,
South Eastern Railway, 11, Garden Reach Road,
Kolkata- 700043.
5. THE CHIEF COMMERCIAL MANAGER (FM), in
the office of the Principal Chief Commercial
Manager, South Eastern Railway, 11, Garden
Reach Road, Kolkata-700043.
6. THE DIVISIONAL RAILWAY MANAGER, Adra
Division, South Eastern Railway, District- Purulia,
Pin-423121.
2 O.A. 007 of 24
7. THE ADDITIONAL DIVISIONAL RAILWAY
MANAGER, South Eastern Railway, Adra Division,
District- Purulia, Pin-423121.
...... Respondents.
For the Applicant : Mr. P.C. Das (Counsel)
Ms. T. Maity (Counsel)
For the Respondents : None
O R D E R (ORAL)
Per Mr. Jayesh V. Bhairavia, Judicial Member :
1. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunal Act, 1985, praying for the following relief(s):
"a) To quash and/or set aside the impugned major penalty of charge- sheet being No. ADRM/ADA/D&A/Court Case/SD/2023 dated 20.12.2023 issued by the Additional Divisional Railway Manager, South Eastern Railway, Adra Division and signed by him on 20.12.2023 and served upon the applicant on 27.12.2023 on the ground of the order passed by the Learned Single Judge of the Hon'ble High Court at Calcutta dated 8th August, 2023 cannot be sustainable in the eye of law as because the order of the Learned Single Judge has been stayed by the Hon'ble Division Bench of the Hon'ble High Court at Calcutta dated 18th September, 2023 which has not been mentioned in impugned charge-sheet and that has been suppressed by the railway authority at the time of framing the charges against the applicant and issued the same against the applicant being Annexure A-9 of this original application.
b) To declare that the impugned major penalty charge-sheet dated 20.12.2023 being Annexure A-9 of this original application under any circumstances, is not maintainable as the paragraph 48 of the order dated 8th August, 2023 which was passed by the Learned Single Judge of the Hon'ble High Court at Calcutta which has quoted by the railway authority at the time of framing the charges against the applicant has been stayed by the Hon'ble Division Bench of the Hon'ble High Court at Calcutta vide order dated 18th September, 2023 in the internal page 2 of the last paragraph of the said order and by suppressing such order of the Division Bench the framing of the charge-sheet against the present applicant by issuing of the major penalty charge-sheet dated 20.12.2023, under any circumstances, cannot be sustainable in the eye of law and which may be liable to be quashed and/or set aside by directing the respondent authority not to proceed with the same."
2. The present O.A. has been filed by the applicant challenging the legality and validity of charge memorandum dated 20.12.2023 (Annexure A-5) issued by the disciplinary authority in terms of Rule 9 of Railway Servants (Discipline & Appeal) Rules, 1968. It is the grievance of the applicant that on receipt of charge memorandum/charge sheet (Annexure A-9) preferred the representation dated 29.12.2023 (Annexure A-13) wherein he denied the 3 O.A. 007 of 24 allegations levelled against him in the said charge sheet and requested the disciplinary authority to supply various documents which have been relied upon by the disciplinary authority in issuing of the charge sheet to the applicant.
3. It is a grievance of the applicant that till date, the respondents have not supplied the relevant RUDs to him. Therefore, he is unable to submit his comprehensive representation/reply to the charge memorandum. Ld. Counsel for the applicant submits that the charge sheet has been issued by the respondents in light of the direction issued by Hon'ble High Court in AP No. 482/2021 with IA No. GA/1/2021, GA/2/2023 (Union of India and Another vs. Rashmi Metaliks Limited) and EC No. 99/2022 (Rashmi Metaliks Limited vs. Union of India) passed on 18.07.2023 in the said judgment the Hon'ble High Court has directed the Railway authorities to constitute a high level inquiry committee to take steps against the erring officers of the railways. Further, it is submitted that being aggrieved with the original respondents Rashmi Metaliks Limited in AP No. 482/2021 and the petitioner in EC No. 99/2022 challenged the said common judgment passed by the Single Bench dated 18.07.2023 before the Hon'ble High Court of Calcutta by way of APOT/308/2023 with AP No. 482/2021, IA No. GA/1/2023. In the said APOT, the Hon'ble High Court vide interim order dated 18.09.2023 passed a direction with "till disposal of the appeal or until further orders, whichever is earlier, the direction in paragraph 48 of the impugned judgment and order of constitution of a 'multi-member high level inquiry committee' and "to complete the enquiry and submit a report before this Court within 03 months from the date of this order" shall remain stayed."
4. By referring to the said direction passed by the Hon'ble High Court, Ld. Counsel for the applicant attempted to justify the challenge of the charge 4 O.A. 007 of 24 memorandum in the present O.A. On enquiry by this Tribunal whether the applicant herein had brought to the notice of the aforesaid order before the disciplinary authority and whether he had filed any detailed representation to the charge memorandum or not, in response, Ld. Counsel for the applicant submits that he had not stated anything before the disciplinary authority about the interim order passed by the Division Bench in APOT/308/2023 dated 18.09.2023.
5. After arguing for some time, Ld. Counsel for the applicant submits that the applicant may be allowed to file his detailed comprehensive representation/defence before the disciplinary authority. Considering the aforesaid submission and on perusal of material on record, it can be seen that the disciplinary authority issued the charge sheet under Rule 9 of the RS(D&A) Rules of Railways and called upon the applicant as to why a disciplinary enquiry/proceeding should not be instituted against him. In our considered view, it is incumbent upon the applicant/delinquent to submit his detailed representation before the disciplinary authority in support of his defence. Issuance of a charge sheet cannot be said to be any final decision since it is a show-cause to the applicant/delinquent.
6. In view of the above, it is expected that the disciplinary authority will supply the copies of RUDs to the applicant as demanded by him vide his representation dated 29.12.2023. On receipt of it, it is open for the applicant to submit a comprehensive representation/defence before the disciplinary authority and the same may be decided by the disciplinary authority in accordance with extant rules. It is expected that the disciplinary authority shall follow the principle of natural justice during the continuation of the disciplinary proceedings as well 5 O.A. 007 of 24 as taking further steps in respect to the said proceedings. It is made clear that we have not expressed any opinion on the merits of the claim of the applicant.
7. In view of the above, O.A. stands disposed of accordingly at admission stage. No costs.
(Suchitto Kumar Das) (Jayesh V. Bhairavia) Member (A) Member (J) DB