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By G.P.Singhal, AM.-

The applicant was issued a charge sheet dated 1.11.2006 in which solitary charge levelled against the applicant was as given below:

Dwarka Gopi Patel H/Kh under SE(W) HBJ the then working peon under RRB/BPL during the year 2006 has committed grave misconduct in as much as Shri Dwarka Gopi patel demanded Rs.175000/- as bribe from the decoy person Shri R.K.Sharma, IPF Kota to arrange selection for the post of Traffic Apprentice through RRB/BPL, and for this purpose he accepted illegal gratification Rs.75,000/- on 31.3.06 at Kota Rly station.
By this above acts Shri Dwarka Gopi Patel, has failed to maintain absolute integrity and has acted in a manner unbecoming of a Rly servant and violated sub rule (i) and (iii) of Rule 3(1) of the Rly Service (Conduct) rules,1966.

2. The statement of imputation of misconduct mentions that on an information that the applicant, who was working as Peon at RRB, Bhopal was visiting Kota and was demanding total Rs.1,75,000/- per candidate from the potential candidates to arrange for their selection for the post of Traffic Apprentice/CMI, a trap was arranged. The applicant was demanding Rs.75,000/- as advance and balance amount later on. Therefore, Shri R.K.Sharma, IPF, Crime Branch Kota, with a Digital Voice Recorder was sent to the applicant as decoy. Shri R.K.Sharma approached the applicant and talked about the appointment. His conversation was recorded in the Digital Voice Recorder, which was heard by all the signatories of the Joint Note Panchnama-II, which was prepared at about 10.45 Hrs on 31.3.2006 at the Vigilance Office, Kota. On the basis of this conversation a decoy check was organized and Shri R.K.Sharma acting as a decoy person went with Rs.75,000/- notes to the applicant. The applicant, when contacted by the decoy person, accepted Rs.75,000/- in presence of the witnesses. The applicant thereafter confessed that he demanded and accepted an amount of Rs.75,000/- from Shri R.K.Sharma to arrange selection of a candidate, approached by decoy, for the examination held on 18.12.2005, for which cheque No.839321 was given by the applicant to Shri R.K.Sharma, as assurance to return the money in case he was not able to arrange selection. He also accepted that he had demanded an amount of Rs.1 lakh more from Shri R.K.Sharma. Thus, on the basis of trap arranged by vigilance, the charge sheet dated 1.11.2006 was issued against the applicant.

9. On perusal of enquiry officers report, we find that the enquiry officer has mentioned at page 12 of the report that the delinquent employee did not produce any evidence or document in his favour. During general examination he informed the enquiry officer on 25.10.2007 that whatever he has to say in defence he will send it in writing within 15 days. Thereafter, vide letter written on 14.11.2007 the applicant informed the enquiry officer that he agrees with the enquiry done by the enquiry officer and his only defence is the decision of enquiry officer in this matter. The enquiry officer in his findings has mentioned that it is proved that the delinquent employee had demanded Rs.1,75,000/- for getting a person selected on the post of Traffic Apprentice from decoy person Shri R.K.Sharma. The fact of acceptance of Rs.75,000/- from Shri R.K.Sharma is also proved. During preliminary hearing on 31.1.2007 and in the letter dated 8.2.2007 written to the enquiry officer and letter dated 20.3.2007 to Chief IOW, Hababiganj i.e. the disciplinary authority, the applicant has accepted receipt of Rs.75,000/- from Shri R.K.Sharma. The applicant had given a post-dated cheque of Rs.75,000/- to Shri R.K.Sharma immediately on receipt of Rs.75000/-. On evaluation of all the evidence the enquiry officer found that this transaction of Rs.75000/- was not a final transaction between the delinquent employee and Shri R.K.Sharma, but it was the amount given for selection to a post by RRB Bhopal.