IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 WP(C).No. 8952 of 2009(S) ------------------------- OA.338/2008 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS: --------------- 1. UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER,SOUTHERN RAILWAY, HEADQUARTERS OFFICE,PARK TOWN.P.O, CHENNAI-3. 2. THE SR.DIVISIONAL COMMERCIAL MANAGER, SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT. 3. THE SR.DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, PALGHAT DIVISION,PALGHAT. 4. THE ASSISTANT COMMERCIAL MANAGER, SOUTHERN RAILWAY,PALGHAT DIVISION, PALGHAT. BY ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS RESPONDENT: --------------- PRASANTH KUMAR,S/O.CHANDRADAS,EX-SENIOR TICKET COLLECTOR,SOUTHERN RAILWAY, MANGALORE, RESIDING AT C/O AVINASH, D.NO.211,SAKTHI RAMESH NILAYAM, SAKTHI NAGAR, BANGALORE-43. ADV. SRI.MARTIN G.THOTTAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: P1: TRUE COPY OF O.A. NO.338/2008 ALONG WITH ANNEXURE OF CAT/ERNAKULAM. P2: TRUE COPY OF M.A. NO.573/2008 ALONG WITH ANNEXURES IN O.A. NO.338/2008 DT.29.7.2008 FILED BY APPLICANT. P3: TRUE COPY OF M.A. ALONG WITH ANNEXURES IN O.A. NO.338/2008 DT.31.8.2008 FILED BY APPLICANT. P4: TRUE COPY OF REPLY FILED BY RAILWAY IN M.A.NO.573/2008 IN O.A. NO.338/2008 ALONG WITH ANNEXURES. P5: TRUE COPY OF REPLY STATEMENT IN O.A. NO.338/2008 ALONG WITH ANNEXURES OF CAT/ERNAKULAM. P6: TRUE COPY OF LETTER DT.29.9.2006 OF RESPONDENT TO 3RD PETITIONER. P7: TRUE COPY OF ORDER DT.12.12.2008 OF CAT, ERNAKULAM IN O.A. NO.338/2008. P8: TRUE COPY OF JUDGMENT DT.23.1.2009 IN WP(C) NO.29833/2006 OF HON'BLE HIGH COURT OF KERALA. P9: TRUE COPY OF SUSPENSION ORDER DT.24.2.2005. P10: TRUE COPY OF ORDER DT.25.8.2005 REVOKING THE SUSPENSION ORDER. P11: TRUE COPY OF TRANSFER ORDER DT.25.8.2005. RESPONDENT' S EXHIBITS: R1(a): TRUE COPY OF APPLICATION FOR VOLUNTARY RETIREMENT DT.9.10.06. TRUE COPY P.S. TO JUDGE C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... W.P.(C) No.8952 of 2009 .................................................................... Dated this the 15th day of November, 2010. JUDGMENT Ramachandran Nair, J. W.P.(C) is filed by the Railways challenging Ext.P7 order issued by the CAT directing Railways to give VRS benefit and release the respondent from service. We have heard Standing Counsel for the Railways and counsel appearing for the respondent. 2. Respondent while working as a Ticket Collector was involved in financial irregularity and the Vigilance suggested the Railways to take disciplinary action against him. Railways suspended the respondent on 24.2.2005 and reinstated him after six months i.e. on 25.8.2005 without completing any enquiry or taking any action. Later after joining the service, the respondent discontinued working in the Railways from 1.12.2006 onwards. Even though the respondent left his service without taking leave and unauthorised absence calls for enquiry and punishment, the Railways did not bother to take any action until 11.2.2008 when disciplinary action was proposed against W.P.(C) 8952/09 2 the respondent. At this stage respondent contended that he had submitted an application for VRS on 9.10.2006 and the same should have been granted to him. According to the respondent, if VRS benefit was granted to him, then there is no case for taking action for unauthorised absence. Even though we do not find any justification for the stand taken by the respondent which found acceptance with the CAT, we feel respondent should be allowed to enjoy the benefit granted by the CAT because indifference on the part of the Railways as an employer is more than that showed by the respondent as an employee of the Railways. In the first place, respondent was found involved in financial irregularity in 2005 and though he was suspended pending enquiry and disciplinary action, Railways could not complete enquiry for reasons best known to them. Secondly, Railways did not care to take notice or take any action for unauthorised absence of the respondent for one year and two months. The height of inefficiency or indifference on the part of the Railway officials supervising the respondent is writ large on their performance or the lack of it as stated above. In these circumstances, we cannot expect the Railways to W.P.(C) 8952/09 3 conduct a proper enquiry or take action against the respondent within a reasonable time. So much so, we decline to interfere with the order of the CAT directing the Railways to release the respondent under Voluntary Retirement Scheme. However, we make it clear that we do not endorse the findings of the Tribunal in favour of the respondent whose claim, in our view, lacks any bonafides. Railways is directed to comply with the order of the CAT within a period of three months from the date of receipt of copy of this judgment so that it is relieved of a disloyal employee at the earliest. C.N.RAMACHANDRAN NAIR Judge BHABANI PRASAD RAY Judge pms