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Showing contexts for: Ticket checking in Benkatesh Sharma vs M/O Railways on 24 September, 2021Matching Fragments
2. The main averments made in the OA and contentions of the applicant's counsel in the rejoinder and arguments are as follows:
(a). when the applicant was posted as Chief Booking Supervisor (General) at Sewri Station in Mumbai, on 22.11.2016 an incident happened when one of Head Booking Clerks Shri D.K.Singh working from 06:00 AM to 02:00 PM shift at ticket issuing counter, after closure of shift, left for home without depositing the ticket booking cash of that day with the Chief Booking Supervisor (Cash) Mr. Dhurve and the cash was deposited on the next day without any financial loss to the Railways. As Chief Booking Supervisor (G) duty of the applicant did not involve supervision of the commercial staff working at the Sewri Railway Station at that time and he was not directly involved in keeping a check or ensuring that the cash is deposited by the ticketing staff at the end of the shift. There was a separate Chief Booking Supervisor (Cash) whose only duty was to ensure that each booking staff on duty in every shift deposits the ticket collection cash before leaving the work place.
3. In the reply and during arguments of their counsel, the respondents contend that - 3(a). the applicant failed to ensure remittance of Railway cash, so a charge-sheet dated 02.01.2017 was issued to him and then based on the letter from headquarters office dated 23.06.2017 instructing the Mumbai Division to transfer the applicant out of the Division, the transfer order of 24.07.2017 was issued, on administrative grounds. The applicant has been transferred to Nagpur Division in the same grade and capacity which will not result in any loss of his seniority in the Nagpur Division. The earlier O.A.788/2017 challenging the transfer order was disposed of by the Tribunal on 05.03.2019 directing the respondents to dispose of his pending representations. Thereafter his representations were considered and the order dated 04.07.2019 was issued by the Sr. DCM, CSMT which is as per the rules. The applicant was relieved on 09.01.2018 from Sewri Station and on 10.01.2018 from Mumbai Division to report to Nagpur Division; 3(b). the applicant is bound by service rules of the Central Railway and transfer being a condition of service he can be transferred to any of the Divisions in the interest of administration; 3(c). since the applicant was found involved in malpractice, he was transferred from Mumbai Division to Nagpur Division as per rules applicable to staff working on sensitive posts in Commercial Department. In the consolidated instructions of the Railway Board in RBE No.48/2012 dated 03.04.2012, it has been provided that Ticket Checking Staff as also other staff in mass contact areas, detected to be indulging in malpractices should be sent on inter-divisional transfers as a matter of policy and accordingly the applicant has been transferred from Mumbai Division to Nagpur Division. The above mentioned policy is not only for ticket checking staff, it covers other staff also and it is not against Article 14 of the Constitution. Therefore, this OA has no merit and it should be dismissed with cost. The allegations of the applicant in para 4(j) and (q) of the OA are without any substance and therefore, denied. 3(d). The respondents have relied on the following Apex Court decisions in support of their contentions:
(b). This order of 04.07.2019 was issued by the Sr. DCM, CSMT Mumbai rejecting his representations based on the Railway Board's instructions in letter dated 03.04.2012 emphasizing that the Ticket Checking Staff as also other staff in mass contact areas, detected to be indulging in malpractices should be sent on inter-divisional transfers as a matter of policy. That order mentioned about vigilance check on 22.11.2016 at Sewri Railway Station when the applicant working as Chief Booking Supervisor (G) had failed to ensure remittance of the accounted railway cash after completion of duty hours of the staff working on the ticket counters which resulted in short remittance of Rs.73,106/- and as per rules and procedures, CBS(G) is personally responsible for the safe custody, correct accounting and remittance of cash and to ensure the same by daily inspection of cash books. It was further mentioned that currency notes of Rs.500/- and Rs.1,000/- demonetized on 08.11.2016 although were permitted to be accepted at Railway counters for ticketing purpose, there was high possibility of exchanging demonetized cash by any staff or others if not accounted to treasury immediately which the applicant had failed to ensure and therefore, his involvement in such misappropriation cannot be ruled out. Such possibility of exchange of demonetized currency notes because of applicant's slack supervision is detrimental to the interest of nation and therefore, on recommendation of the Vigilance Branch, he was transferred to Nagpur Division.
(g). For inter-divisional transfers, in RBE letter No.48/2012 dated 03.04.2012, in Para 3 it has been clearly mentioned that instructions also exist vide this Ministry's various earlier letters that Ticket Checking Staff as also other staff in mass contact areas, detected to be indulging in malpractices should be sent on inter-divisional transfers as a matter of policy. Therefore, the claim of the applicant that as he did not belong to Ticket Checking staff, he cannot be transferred to any division based on detection of malpractices is totally false.