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(iii) That Your Lordships may further be pleased to direct/command the respondents to reinstate the applicant in service henceforth along with all consequential benefits including arrears of salary from 18.02.2021 till the date of his reinstatement alongwith statutory interest.

(iv) Any other relief or reliefs including the cost of the proceedings may be allowed in favour of the applicant.

BRIEF FACTS

8. Briefly, stated facts as adumbrated by the applicant are that he was initially appointed on 13.05.2015 as Assistant Loco Pilot (Diesel) (in short A.L.P.) in G.P. Rs. 1900, pursuant to Employment NoticeNo.01/2014dated 18.01.2014 issued by R.R.B. Muzaffarpur after facing written exam held on 15.06.2014. Psycho/Aptitude test held on 22.09.2014 and documents verification done on09.01.2015, later found medically fit. The applicant was further promoted on the post of Senior Assistant Loco Pilot (Diesel) G.P. Rs. 2400 on 29.12.2017.

28. In this matter as is evident from record, the appointment letter was issued to the applicant on 24.9.2015 and he joined the post on 6.10.2015. After a gap of about 5 years, a show cause notice has been issued on 03.09.2020. During the period of five years, the applicant was promoted as Senior Assistant Loco Pilot Level - IV by letter dated 09.08.2018. Although the applicant was working in the department for a long time, his services may be terminated, as per law after enquiry, but natural justice requires that documents/ evidence sought by the charged official which were material to disprove the charges must have been produced during the enquiry or supplied to the employee concerned so that he may be in a position to explain the facts. In this matter author of the expert report has not been examined during enquiry. Thus, opportunity to cross-examine the author was not given to the charged official as has been quoted herein above. It is settled principle of law that expert report is mere an opinion and it is not a conclusive prove of fact until and unless author is examined and cross-examined in the matter. It is also pertinent to mention here that several material documents have been denied by the competent authority despite repeated demand made by the charged official. Thus, it can safely be held that proper and fair cannot be placed and entire enquiry proceeding adopted by the respondents is vitiated.

While taking examination of Assistant Loco Pilot by RRB,MFP (Cat No.1 of CEN No 01/2014 Shri Lala Thakur used fraudulent means by procuring impersonation with intention to secure Employment in the Railway through fraud and criminal means and as such the said act of Shri Lala Thakur amounted to a Conduct unbecoming of a Railway Servant being Violation of Rule 3.1 (i), (ii), (iii),

(vi) & (xviii) of Railway Services (Conduct) Rules, 1966 and Clause 14.04 of the Centralized Employment Notice No. 01/2014.

After reviewing the entire case file and the appeal preferred by the appellant, the Appellate Authority has disposed of the appeal and confirmed the punishment imposed by the Disciplinary Authority who has passed the order along with the reason and speaking order.

Government of India, Ministry of Railways Railway Recruitment Board, Muzaffarpur Centralized Employment Notice No 01/2014 for Assistant Loco Pilot & Technical categories, Date of publication - 18.01.2014 in General Instructions item No 14 (4.01), it is clearly mentioned.