Central Administrative Tribunal - Kolkata
Arun Kumar Roy vs South Eastern Railway on 18 August, 2025
1 o.a. 350.00466.2023
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
No. O.A. 350/00466/2023 Heard on 07.08.2025
Date of order: 18.08.2025
Present : Hon'ble Mr. Anindo Majumdar, Administrative Member
Arun Kumar Roy, son of Late Narayan Chandra
Roy, aged about 72 years, Compulsorily retired
Commercial Supervisor, South Eastern Railway,
Kharagpur (G), South Eastern Railway, residing
at Srikrishnapur (near Srikrishnapur High
School), P.O.- Kharagpur, P.S.- Kharagpur
(Town), District-Paschim Medinipur, 721301.
........ Applicant.
- VERSUS-
i) The Union of India service through the
General Manager, South Eastern Railway, 11,
Garden Reach Road, Kolkata-700043.
ii) The Divisional Railway Manager, South
Eastern Railway, Kharagpur, P.O.- Kharagpur,
Dist.- Paschim Medinipur, Pin-721301.
iii) The Senior Divisional Commercial Manager,
South Eastern Railway, Kharagpur, Dist.-
Paschim Medinipur, Pin-721301.
iv) The Additional Divisional Railway Manager,
South Eastern Railway, Kharagpur, Dist.-
Paschim Medinipur, Pin-721301.
....... Respondents.
For the Applicant : Mr. A. Chakraborty, Counsel
Mr. Argha Chakraborty, Counsel
Ms. P. Mondal, Counsel
For the Respondents : Mr. T.K. Chatterjee, Counsel
Digitally signed by DhanuRam Hansda
DhanuRam
DN: C=IN, O=Personal, T=6595, OID.2.5.4.65=
1335963871619011253g9LkE5GCXYJC4, Phone=
ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515,
PostalCode=711112, S=West Bengal, SERIALNUMBER=
c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN=
DhanuRam Hansda
Hansda Reason: I am the author of this document
Location:
Date: 2025.08.19 17:40:08+05'30'
Foxit PDF Reader Version: 2025.1.0
2 o.a. 350.00466.2023
ORDER
In accordance with the order of the Hon'ble Chairman, CAT, Principal Bench, dated 10.09.2021 issued under Sub -Section (6) of Section 5 of the Administrative Tribunals Act, 1985, this matter can be taken up by a Bench consisting of a single Member. Accordingly, this matter is taken up for disposal by this Single Bench.
2. The applicant has filed this Original Application, seeking the following relief(s):
"a) Speaking Order dated 29.03.2023 issued by Senior Divisional Commercial Manager, S.E. Railway, Kharagpur cannot be sustained in the eye of law and therefore the same may be quashed.
b) An Order do issue directing the respondents to release Gratuity. Leave Salary in favour of the applicant at an early date with interest as admissible under Rules.
c) An Order do issue directing the respondents to pay interest on the delayed payment of commuted value of Pension and Leave Salary."
3. The facts of the case are summarised below:
3.1 The applicant is a former employee of South Eastern Railway. A disciplinary proceeding under Rule 9 of the Railway Servants (Discipline and Appeal) Rules, 1968 was initiated against him, vide Memorandum dated 15.6.2009 (Annexure A-1). A single article of charge was framed against the applicant vide the said memorandum which is reproduced below:
"ARTICLE-I:
Shri A.K. Roy, while working as CS(G)/NMP (Nimpura Through Yard) under Sr. DCM/KGP, had committed the following irregularities.
Sri A.K. Boy, Cs(G)/NMP failed to take the Sr. TIA debit of Rs. 3,24,017/- into account immediately in the first balance sheet which was detected on date of preventive check conducted by vigilance team at NMP on 25.2.09.Digitally signed by DhanuRam Hansda
DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN= DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.08.19 17:40:08+05'30' Foxit PDF Reader Version: 2025.1.0 3 o.a. 350.00466.2023 By the above act, Sri A.K. Roy, CS(G)/NMP under Sr. DCM/KGP failed to maintain absolute integrity and devotion to duty and acted in a manner unbecoming of a Railway servant in contravening of rule 3(1), (i) (ii) & (iii) of Railway Service (Conduct) Rules, 1966 rendering himself liable for disciplinary action being taken against him in terms of Railway Servants (D&A) Rules, 1968 as amended from time to time."
3.2 A Departmental Enquiry was conducted to enquire into to the charge framed against the applicant. The Enquiry Officer established the charge framed against the applicant. The Disciplinary Authority, thereafter, vide punishment notice dated 17.3.2010, addressed to the applicant imposed the penalty of compulsory retirement with reduction of 25% of Gratuity amount payable to the applicant, upon him (Annexure A2). A Corrigendum 31.3.2010 was subsequently issued by the disciplinary Authority vide which the applicant was informed that the punishment of compulsory retirement imposed upon him, vide punishment notice dated 17.3.2010, would be effective from 24.10.2010 with all other contents of the punishment notice remaining unchanged. The applicant appealed against the punishment imposed upon him to the Appellate Authority, vide his letter dated 10.05.10. However, the said authority, vide his order dated 17.05.2010 (Annexure A-3) rejected the appeal filed by the applicant. Thereafter, the applicant filed an Original Application being O.A No. 1633 of 2010 before this Tribunal, which was however, dismissed by the Tribunal vide order dated 08.1.2013 (Annexure A-
4). A Review Application filed by the applicant being R.A. 4 of 2013 was also dismissed by this Tribunal, vide order dated 23.04.2013. Thereafter, the applicant filed WPCT No.409 of 2013 before the High Court at Calcutta challenging the order of this Tribunal. The said WPCT is pending before the Digitally signed by DhanuRam Hansda DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN= DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.08.19 17:40:08+05'30' Foxit PDF Reader Version: 2025.1.0 4 o.a. 350.00466.2023 Hon'ble High Court at Calcutta. Meanwhile, the Hon'ble High Court at Calcutta, vide order dated 10.12.13 in WPCT. 409 of 2013 had directed, inter alia, that "pendency of this matter will not prevent the respondent Railway authorities from making payment of the admissible dues of the petitioner herein in the meantime" (Annexure A-5).
3.3 The applicant had submitted a letter dated 18.11.2022, addressed to the Senior Divisional Commercial Manager, South Eastern Railway, Kharagpur praying for the release of admissible dues as directed by the Hon'ble High Court at Calcutta, vide his letter dated 10.12.2013. Since the applicant did not apparently get a reply to his letter dated 10.12.2013, he had filed an Original Application being O.A 350/43/2023 before this Tribunal, which was disposed of vide order dated 18.01.2023 at admission stage "with the expectation that the competent respondent authority will consider the pending representation in accordance with the service record of the applicant and as per extent rules...". In pursuance of the aforesaid directions of this Tribunal, the Senior Divisional Commercial Manager, South Eastern Railway, vide his letter dated 29.03.2023 stated that since station clearance has not been issued by the concerned SMR/CS(G) KGP, his payment of DCRG has been kept pending (Annexure A-8).
3.3 Since the applicant has not yet received his admissible dues, particularly his Death cum Retirement Gratuity (DCRG) amount, he has filed this Original Application seeking the relief(s) mentioned at Para 2 above. Digitally signed by DhanuRam Hansda
DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN= DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.08.19 17:40:08+05'30' Foxit PDF Reader Version: 2025.1.0 5 o.a. 350.00466.2023
4. Heard Ld. Counsels for both the sides and considered the material on record.
5. At hearing, Ld. Counsel for the applicant submitted that the Writ Petition filed by the applicant challenging the order of this Tribunal dated 8.1.2013 is still pending before the Hon'ble High Court at Calcutta. He further submitted that despite the order of the Hon'ble High Court at Calcutta dated 10.12.13 the respondents have not released the Death cum Retirement Gratuity (DCRG) amount admissible to him till date. He further submitted that the impugned order dated 29.03.2023 by the Sr. Divisional Commercial Manager is completely without basis and is not sustainable as per law. He further submitted that no departmental or judicial proceeding is presently pending against the applicant and that as such the respondents cannot withhold his DCRG amount and other retirement benefits.
6. At hearing, Ld. Counsel for respondents submitted that all admissible dues payable to the applicant, except the DCRG amount has been released to the applicant. He further submitted that since the Writ Petition filed by the applicant is still pending before the Hon'ble High Court at Calcutta, the DCRG amount payable to the applicant cannot be released to him.
Findings
7. The facts of the case have already been summarised in Para 3 above and need no repetition.
Digitally signed by DhanuRam HansdaDhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN= DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.08.19 17:40:08+05'30' Foxit PDF Reader Version: 2025.1.0 6 o.a. 350.00466.2023
8. The order of the Senior Divisional Commercial Manager, South Eastern Railway, Kharagpur dated 29.03.2023, passed in pursuance of the order of this Tribunal dated 18.01.2023 in OA No. 350/43/2023 is reproduced below:
"No: Com/G.29/settle/AKR/2023. Dtd. 29.03.2023 To Sri. Arun Kumar Roy. Ex CS (G)/NKKH & KGP Goods, B-201, Rudra Apartments, Dwarka, Sec-6, New Delhi Mob.no 8972118120.
Sub: Representation of Sri Arun Kumar Roy, Ex CS(G)/ NKKH, KGP Goods dated 22.03.2023. Reg. Non payment status of settlement dues. Ref: Hon'ble High Court/Cal's vide WPCT no 409 of 2013 and Hon'ble CAT/CAL's Vide OA no 43 of 2023.
In connection with the subject, it is to inform you that due to non receipt station clearance, final Commercial clearance against you is kept pending. After gone through the Traffic clearance furnished by FA & CAO (T)/ GRC vide his letter no TA/GOS/Sett/ KGP/4/10/1478 Dated 10.10.18, (Copy enclosed). It is observed that a large no of Un-connected for goods debits are kept pending with KGP Goods Office unaccountable and non realization in the year of 2007 to 2017. While you are working as CS (G)/KGP neither taken in to account nor realized the Railway Dues. As a result the station clearance not yet been issued by Concerned SMR/CS(G)-KGP for which your DCRG Payment is kept Pending. In case of Leave salary, Commuted Value of pension etc may please be informed to personnel Branch.
Other hand your Petition filed before Hon'ble High Court/Calcutta Vide WPCT no 409 of 2013 against the punishment of Compulsory Retirement from Railway service.
This is for your information.
Enci. As above.
Sd/-
Sr. Divl. Comm. Manager S.E. Railway-Kharagpur."
9. I have perused the above order. I find that the above order is vague and does not explain as to why 75% of the DCRG amount payable to the applicant has not been released to him. The punishment of compulsory retirement with withholding of 25% of the gratuity amount payable to the applicant has been Digitally signed by DhanuRam Hansda DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN= DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.08.19 17:40:08+05'30' Foxit PDF Reader Version: 2025.1.0 7 o.a. 350.00466.2023 imposed upon the applicant, vide order of the Disciplinary Authority dated 17.03.2010 and subsequent clarification dated 31.03.2010. The Statutory Appeal filed by the applicant against this order has been dismissed. The Original Application filed by the applicant against this order has also been dismissed. The Writ Petition filed by the applicant challenging the order of this Tribunal dated 08.1.2013 is currently pending before the Hon'ble High Court.
However, the Hon'ble High Court ,vide its order dated 10.12.13, has clearly stated that the pendency of the Writ Petition before it will not prevent the respondent authorities from making payment of the admissible dues of the petitioner in the meantime. Since 25% of the gratuity amount admissible to the applicant has been ordered to be withheld vide order of the Disciplinary Authority as mentioned above, it follows that remaining 75% of the gratuity amount as admissible to the applicant can be released to the applicant. The respondents are therefore not at all justified in withholding 75% of the gratuity amount admissible to the applicant.
10. In view of the above discussion, the order of the Senior Divisional Commercial Manager, South Eastern Railway dated 29.03.2023, is quashed and set aside. The Senior Divisional Commercial Manager, South Eastern Railway, Kharagpur or any other competent respondent Authority is directed to release 75% of the DCRG amount admissible along with interest as per rules to the applicant within a period of 60 (Sixty) days from the date of receipt of certified copy of this order.
Digitally signed by DhanuRam HansdaDhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN= DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.08.19 17:40:08+05'30' Foxit PDF Reader Version: 2025.1.0 8 o.a. 350.00466.2023
11. With the aforesaid directions, this Original Application is disposed of without any order as to cost.
(Anindo Majumdar) Administrative Member drh Digitally signed by DhanuRam Hansda DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN= DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.08.19 17:40:08+05'30' Foxit PDF Reader Version: 2025.1.0