Central Administrative Tribunal - Kolkata
Boiri Naresh Kumar vs N C Rail on 25 September, 2025
1 O.A./350/0568/2020 CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA O.A./350/0568/2020 Date of Hearing:- 17/09/2025.
Date of Order:- 25/09/2025.
Coram: Hon'ble Mr. Anindo Majumdar, Administrative Member.
Hon'ble Mr. Diwakar Singh, Judicial Member.
Sri Boiri Naresh Kumar, Son of Sri Boiri T. Murthy, aged about 31 years, working as TADK under Sri Ravindra Prasad, Senior DMM, North Central Railway, residing at Village- Baxi Palli, P.O- Baxi Palli, District- Ganjam, State- Odisha, Pin- 761002, now residing at C/o Boiri Loknath, Boiri Naresh Kumar, Street No. 34, Quarter No. 17/A, Amladhi Market, District- Burdwan, West Bengal, Pin- 713331.
...........Applicant
-Versus-
1. Union of India, service through the General Manager, North Central Railway, Head Office- Subedarganj, Allahabad, Pin- 211011.
2. The Chief Personnel Officer, North Central Railway, Jhansi, Uttar Pradesh, Pin- 284003.
3. The Divisional Railway Manager (P), Railway Officers Colony, Jhansi Division, Uttar Pradesh, Pin- 284003.
4. The Assistant Personnel Officer, North Central Railway, Jhansi, residing at Railway Officers Colony, Jhansi Division, Uttar Pradesh, Pin- 284003.
5. Sri Ravindra Prasad, Senior DMM, Jhansi Division, Bungalow No. 1048/C, Railway Officers Colony, District- Jhansi, Uttar Pradesh, Pin- 284003.
..........Respondents For the applicant(s) : Mr. Gourav Banerji (Counsel). For the respondent(s) : Mr. R. Halder (Counsel). Digitally signed by Sambit Kumar Ganguly DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= Sambit Kumar 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00d e89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36 f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2025.09.26 11:07:11+05'30' Foxit PDF Reader Version: 2024.3.0 2 O.A./350/0568/2020 O R D E R. Per: Mr. Anindo Majumdar, Administrative Member.
1. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act 1985, praying for the following relief(s):-
"(a) To issue direction upon the respondents and their men and agents to cancel, quash and set aside the verbal order of termination;
(b) To quash further direction upon respondents and their men and agents to allow the applicant to continue the service after reinstatement with full back wages;
(c) To produce connected department and records at the time of hearing;
(d) Any other order or orders as the Hon'ble Tribunal may deem fit and proper".
2. Heard the Learned Counsel and considered the material on record.
3. At hearing, the submissions made by Learned Counsel for the applicant are summarized below:-
(a) The applicant was appointed as TADK vide Office Order No. 175/2019 dated 20/02/2019 and was attached to Shri Ravindra Prasad, Senior DMM, North Central Railway, Jhansi Division, Jhansi (Annexure A/6).
(b) The applicant was issued a Railway Pass dated 16/05/2019 (Annexure A-8), a Medical Card dated 17/05/2019, where the date of his retirement was shown as 30/09/2008 (Annexure A-9) and an Identity Card dated 30/06/2019 with validity upto 29/06/2024 (Annexure A-10).
(c) The applicant had served under the Senior DMM Jhansi as his TADK from 20/02/2019 till 29/04/2020.
(d) The applicant was ill-treated and beaten up on 29/04/2020 by the wife of Shri Ravindra Prasad, Senior DMM, Jhansi and that he Digitally signed by Sambit Kumar Ganguly DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= Sambit Kumar 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00d e89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36 f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2025.09.26 11:07:11+05'30' Foxit PDF Reader Version: 2024.3.0 3 O.A./350/0568/2020 had submitted a complaint in this regard to the Police authority dated 05/05/2020 (Annexure A-12).
(e) The applicant was thrown out of the Bungalow of Shri Ravindra Prasad on 29/04/2020 and that only after the local police had intervened, he was allowed to stay for the night but that he was thereafter not allowed to work as a TADK.
(f) The applicant had submitted a representation dated 07/07/2020 (Annexure A-14) to the General Manager, North Central Railway, Allahabad and other senior officers of North Central Railway who are respondents in the instant Original Application which has not been replied to by the respondents.
(g) The applicant had an unblemished service record for about 14 months and that he had acquired temporary status on the basis of his satisfactory performance and that as such, the service of the applicant cannot be terminated without following the proper procedure and as per the whims of his controlling authority.
(h) The applicant had been terminated on the basis of a verbal order and that too without the approval of the General Manager, North Central Railway with whose approval he was appointed.
(i) Learned Counsel for the applicant relied upon the order of this Tribunal dated 02/02/2022 in O.A./350/1295/2020, and the order of the Hon'ble High Court at Calcutta dated 13/01/2023 in WPCT 08 of 2022 with WPCT 15 of 2022 in the case of Union of India and others versus Tanmoy Barman and submitted that the applicant is squarely covered by these judgments.
Digitally signed by Sambit Kumar Ganguly
DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= Sambit Kumar 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00d e89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36 f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2025.09.26 11:07:11+05'30' Foxit PDF Reader Version: 2024.3.0 4 O.A./350/0568/2020
4. At hearing, the submissions made by Learned Counsel for the respondents are summarized below:-
(a) The applicant had joined the as TADK North Central Railway on 20/02/2019 and was attached to Shri Ravindra Prasad, the then Sr. DMM, Jhansi Division.
(b) No office order for grant of temporary status was issued to the applicant in view of the fact that no report of satisfactory work performance in respect of the applicant was received from his controlling officer.
(c) Shri Ravindra Prasad, after his transfer from the post of Senior DMM Jhansi to Deputy Chief Materials Manager/System at Jhansi, had submitted a request to the Senior DPO, Jhansi to attach the applicant to him in his new post.
(d) The applicant had submitted a written request to serve under Shri Ravindra Prasad in his new post that accordingly, he was attached to Shri Ravindra Prasad video order dated 25/11/2019 (Annexure R-8).
(e) In the policy for appointment of TADK dated 28/06/2018, as well as in the appointment letter issued to the applicant, it is clearly stipulated that if the concerned officer with whom a TADK is attached is not satisfied with his the work performance during the first six months of his appointment, the concerned TADK may be removed from service without issue of any notice (Annexure R-9).
(f) After the applicant was relieved on 25/11/2019 to work as TADK under Shri Ravindra Prasad, Deputy CMM/System/Jhansi, his whereabouts were not known to the respondents. Digitally signed by Sambit Kumar Ganguly
DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= Sambit Kumar 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00d e89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36 f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2025.09.26 11:07:11+05'30' Foxit PDF Reader Version: 2024.3.0 5 O.A./350/0568/2020
(g) Learned Counsel for the respondents relied upon an order of this Tribunal dated 11/07/2025 in O.A./350/01441/2016 and submitted that the instant Original Application ought to be likewise dismissed since it lacked merit.
Findings.
5. The applicant in the instant O.A. has claimed that he has terminated as TADK with effect from 01/05/2020 on the basis of verbal orders of Shri Ravindra Prasad, Deputy CMM/System, North Central Railway, Jhansi with whom he was attached and that he was accordingly not allowed to perform his duty from the said date.
6. Although an order appointing the applicant to the post of TADK with effect from 20/02/2019 issued by the Senior Divisional Personal Officer-II, North Central Railway, Jhansi (Annexure A-6) is available on file, no order terminating/removing him as TADK is available on record.
7. A representation made by the applicant dated 07/07/2020 (Annexure A-14) addressed to the General Manager, North Central Railway, Allahabad, the Divisional Railway Manager (P), Jhansi Division, North Central Railway, the Chief Personnel Officer, North Central Railway, the Assistant Personnel Officer, North Central Railway, Jhansi Division, Shri Ravindra Prasad, Senior DMM, North Central Railway, Jhansi Division and others is available on record. No reply to the said representation is however available on record, although the applicant has placed copies of the postal receipts as evidence of having submitted the said representation.
8. In the said representation dated 07/07/2020, the applicant has submitted that he had completed 18 months of uninterrupted duty in the Digitally signed by Sambit Kumar Ganguly DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= Sambit Kumar 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00d e89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36 f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2025.09.26 11:07:11+05'30' Foxit PDF Reader Version: 2024.3.0 6 O.A./350/0568/2020 Railways and that he had acquired temporary status under the Railway Rules and had prayed for being allowed to join duty. In the said representation, the applicant has also alleged that he had made serious allegations against Shri Ravindra Prasad. We are of the opinion that the allegations made by the applicant against Shri Ravindra Prasad who is a senior officer of the Railways are of a serious nature and needs to be inquired into by the General Manager, North Central Railway.
9. In his reply to the original application, the Divisional Personnel Officer, North Central Railway, Jhansi has averred that as per the TADK policy dated 28/06/2018, as well as the appointment letter issued to the applicant, a TADK can be removed on the ground of unsatisfactory performance within the first six months from the date of his appointment without issue of any notice. We are of the opinion that a TADK cannot be removed from the said post without following the proper procedure and without observing the principles of natural justice. In the instant case, we do not find that the applicant has been issued any notice or has been afforded an opportunity of defending himself of the charge of unsatisfactory performance. There is also no material to show that the applicant was given a personal hearing by the competent authority before being removed from the post of TADK.
10. In view of the above facts, we direct the General Manager, North Central Railway, with whose approval the applicant was appointed as a TADK, to consider the representation of the applicant dated 07/07/2020 and take a decision on the same after giving the applicant a personal hearing within a period of 02 months from the date of receipt of a certified copy of this order. The General Manager, North Central Railway Digitally signed by Sambit Kumar Ganguly DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= Sambit Kumar 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00d e89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36 f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2025.09.26 11:07:11+05'30' Foxit PDF Reader Version: 2024.3.0 7 O.A./350/0568/2020 will communicate the decision taken on the representation of the applicant dated 07/07/2020 to the applicant by way of a reasoned and speaking order within the aforesaid period.
11. With these directions, this Original Application is disposed of without any order as to costs.
(Diwakar Singh) (Anindo Majumdar)
Judicial Member Administrative Member
//SKG//
Digitally signed by Sambit Kumar Ganguly
DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= Sambit Kumar 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00d e89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36 f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2025.09.26 11:07:11+05'30' Foxit PDF Reader Version: 2024.3.0