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Central Administrative Tribunal - Kolkata

Shyamal Ghosh vs N.F.Railway on 11 December, 2025

                                                                        1               o.a.1629 of 25


                                                          CENTRAL ADMINISTRATIVE TRIBUNAL
                                                                   KOLKATA BENCH
                                                                      KOLKATA


                                           O.A. 350/1629/2025                               Date: 11.12.2025


                                           Coram: Hon'ble Smt. Urmita Datta (Sen), Judicial Member
                                                  Hon'ble Mr.Suchitto Kumar Das, Administrative Member


                                                                    SHYAMAL GHOSH, son of late Paresh Chandra
                                                                    Ghosh aged about -59 years, by occupation -
                                                                    service holder, working as CS&WI/APDJ under
                                                                    the DRM(P)/APDJ residing at -C/O.Sri Biswajit
                                                                    Debnath, Arvinda Nagar, Near Bandhan Bank,
                                                                    P.O-Alipurduar Court, P.S+Dist-Alipurduar, Pin-
                                                                    736122.

                                                                                                 ..............Applicant.

                                                                                     -versus-



                                                                    1. UNION OF INDIA, through theGENERAL
                                                                       MANAGER, Northeast Frontier Railway,
                                                                       Maligaon, Guwahati-11, Assam-781011.

                                                                    2. THE PRINCIPAL CHIEF PERSONNEL
                                                                       OFFICER , Northeast Frontier Railway,
                                                                       Maligaon, Guwahati-11, Assam-781011.

                                                                    3. THE DIVISIONAL RAILWAY MANAGER
                                                                       Alipurduar Junction Division. Northeast
                                                                       Frontier Railway. P.O. - Alipurduar Junction,
                                                                       P.S+Dist-Alipurduar. Pin-736123.

                                                                    4. THE ADDITIONAL DIVISIONAL RAILWAY
                                                                       MANAGER, Alipurduar Junction Division.
                                                                       Northeast Frontier Railway. P.O. Alipurduar
                                                                       Junction, P.S+Dist-Alipurduar. Pin-736123.

                                                                    5. THE SR. DIVISIONAL PERSONNEL OFFICER-
                                                                       IC Alipurduar Junction Division. Northest
                                                                       Frontier Railway. P.o.- Alipurduar Junction.
                                                                       P.S+Dist-Alipurduar. Pin-736123.

                                                                                            .................Respondents



              Digitally signed by Pampa
              Nandi Debnath
              DN: C=IN, O=Personal, T=
              1575, OID.2.5.4.65=
              133596280922834876S4d
              j74l44OOh8c, Phone=
              feef9776669c46fe6184e82
              0dd910dd7d01593942dd0
              b54986bb0e3896815227,
Pampa West
        PostalCode=700131, S=
             Bengal,

 Nandi SERIALNUMBER=
        965e50cc3fa0709cded216
        8635dee2247261f62bbbc4
Debnath 7678dd5cb72a133ee6b9,
        CN=Pampa Nandi
              Debnath
              Reason: I am the author of
              this document
              Location:
              Date: 2025.12.23
              16:33:25-08'00'
              Foxit PDF Reader Version:
              2024.4.0
                                                                                2                 o.a.1629 of 25




                                           For the Applicant              :        Mr. K. Chakraborty, Counsel

                                           For the Respondents            :        Mr. B. K. Banerjee, Counsel


                                                                          O R D E R (ORAL)

Per: Urmita Datta (Sen), Judicial Member The instant application has been filed basically being aggrieved with non-consideration of the representation of the applicant dated 11.08.2025.

2. During the course of hearing, learned counsel for the applicant submits that it would suffice his purpose if an order be passed by this Tribunal directing the respondents to consider the pending representation of the applicant taking into account the Revisionary Authority's order dated 31.01.2025 as well as Office order dated 25.02.2025 whereby the Revisionary Authority had quashed and set aside the major penalty charge sheet dated 07.09.2023 without prejudice to the right of the Railway Administration to initiate fresh disciplinary proceedings as per merits of the case and also directed to reinstate the applicant in railway service to his former post of CS&WI/APDJ under DRM(P)/APDJ with immediate effect. Thereafter, though the applicant has reinstated, again one charge sheet was issued against him.

However, the applicant has made representation before the Respondent No. 5.

The applicant is therefore made an innocuous prayer for consideration of his representation by the respondent's authority, treating this OA as a part of it by passing a reasoned and speaking order within a stipulated period of time.

3. Learned counsel for the respondents has no objection for such proposition.

4. Heard learned counsel for both sides.

Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T= 1575, OID.2.5.4.65= 133596280922834876S4d j74l44OOh8c, Phone= feef9776669c46fe6184e82 0dd910dd7d01593942dd0 b54986bb0e3896815227,

Pampa West PostalCode=700131, S= Bengal, Nandi SERIALNUMBER= 965e50cc3fa0709cded216 8635dee2247261f62bbbc4 Debnath 7678dd5cb72a133ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:

Date: 2025.12.23 16:33:25-08'00' Foxit PDF Reader Version:
2024.4.0 3 o.a.1629 of 25

5. Since no fruitful purpose would be served by calling for a reply in this matter, unless the representation is suitably decided by the competent authority.

6. Accordingly, we direct the respondent no. 5 or any other competent respondent authority to consider the pending representation of the applicant dated 11.08.2025, treating this OA as a part of it and to communicate the decision to the applicant by way of a reasoned and speaking order within a period of 02 months from the date of receipt of certified copy of this order.

7. It is made clear that we have not gone into the merit of the case and therefore all points are kept open for consideration.

8. In view of above, the OA is disposed of with no order as to costs.

(Suchitto Kumar Das) (UrmitaDatta (Sen)) Administrative Member Judicial Member pd Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T= 1575, OID.2.5.4.65= 133596280922834876S4d j74l44OOh8c, Phone= feef9776669c46fe6184e82 0dd910dd7d01593942dd0 b54986bb0e3896815227, Pampa West PostalCode=700131, S= Bengal, Nandi SERIALNUMBER= 965e50cc3fa0709cded216 8635dee2247261f62bbbc4 Debnath 7678dd5cb72a133ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:

Date: 2025.12.23 16:33:25-08'00' Foxit PDF Reader Version:
2024.4.0