The Chief Commercial Manager, South ... vs G. Ratnam & Ors

3. The facts, which are not in controversy of the case, are set out below:-

4. M. Anjaneyulu, the respondent in C.A. No. 5031/2003, at the relevant time, was working as Head Train Ticket Examiner (HTTE) on Train No. 8561. On 26.11.1998, departmental trap was laid by the Vigilance Officer of the Railway by arranging a decoy passenger on Train No.8561 going from Vijayawada to Kazipet stations. In the process of the raid, the respondent was found having demanded more money against the EFT amount. The report of the investigating officer was submitted to the Railway Authority, who issued charge sheet against the delinquent. The articles of charges are as under:-

5. The Enquiry Officer conducted departmental Inquiry against the respondent-delinquent on the above said charges as per the provisions of the Railway Services (Discipline and Appeal) Rules, 1968 and held that both the charges were proved against the delinquent. He was found defaulting himself in discharge of the official duties. The Disciplinary Authority, having agreed with the Inquiry Report, imposed upon the respondent-delinquent penalty of reversion by two grades from HTTE to Ticket Examiner (TE). The Revisional Authority, after giving an opportunity of hearing to the respondent-delinquent vide order dated 25.02.2000, enhanced the penalty to removal from service of the respondent. Being aggrieved, the respondent filed an appeal before the Chief Commercial Manager, South Central Railway. The Appellate Authority, on consideration of the material on record, confirmed the order of penalty imposed upon the respondent by the Revisional Authority. Feeling aggrieved, the respondent filed O.A. No. 1339/2000 before the Tribunal below. C. A. No. 5029 of 2007:

6. M. Subramanyam Devers, respondent herein, was working as Travelling Ticket Examiner (TTE) in the year 1999. On 07.06.1999, when the respondent-delinquent was on duty on Train No. 752, Summer Special Express going from Secunderabad to Wadi, the Vigilance Officer laid departmental trap by deploying a decoy passenger. In the process of raid, the respondent was found defaulting himself in discharge of his official duties. As a result thereof, a charge sheet dated 24.8.1999 was issued against the respondent, which reads as under:-

7. In a departmental inquiry conducted under the Railway Services (Discipline and Appeal) Rules, 1968, the Inquiry officer found the above-said charges proved against the respondent. The Disciplinary Authority had accepted the Inquiry Report and imposed punishment of removal from service upon the respondent with immediate effect. The Appellate Authority, on consideration of the appeal filed by the respondent vide order dated 24.02.2000, confirmed the order of penalty imposed by the Disciplinary Authority. The respondent preferred a revision before the Revisional Authority, who on 14.08.2000 dismissed the said revision petition. Being aggrieved, the respondent filed O.A. No. 1349/2000 before the Tribunal.

9. The Railway Authority conducted departmental inquiry against the respondent in accordance with the provisions of the Railway Services (Discipline and Appeal) Rules, 1968 and during the said inquiry, the above-said charges were proved against the respondent. The Disciplinary Authority, having gone through the inquiry report vide order dated 26.05.1999, imposed a penalty of reduction to lower grade post of TTE upon the respondent with effect from 10.6.1999 for a period of one year with loss of seniority. It appears that no appeal has been preferred by the respondent against the order of the Disciplinary Authority. However, the Senior Divisional Personnel Officer, South Central Railway, Vijayawada Division appellant No. 3 herein under Rule 25 of the Railway Service (Discipline and Appeal) Rules, 1968 took suo motu revision and directed the respondent to show-cause why the penalty be not enhanced to removal from service. The respondent submitted his representation on 29.11.2001. On 05.01.2000, appellant No. 3 considered the representation of the respondent, modified and substituted the penalty to that of compulsory retirement of the respondent from service with effect from 20.01.2000. Being aggrieved, the respondent preferred O.A. No. 194/2000 before the Tribunal which came to be disposed of on 14.2.2000 with a direction to the respondent to prefer an appeal before the Chief Commercial Manager - Appellate Authority. The respondent accordingly filed an appeal. The Appellate Authority confirmed the penalty of compulsory retirement imposed by the Revising Authority upon the respondent. Being aggrieved, the respondent filed another O.A. No. 1773/2000 before the Tribunal.

25. For the reasons aforesaid, the impugned judgment and order of the High Court, upholding the orders of the Tribunal, is not legal and justified. It is set aside accordingly.

26. These appeals are allowed. Consequently, the Writ Petition Nos. 1489/02, 26165/2001 and 25111/01 filed before the High Court shall stand allowed. Parties to bear their own costs.

27. IA NO. 2 filed in CA No. 5033/2003.

During the hearing of the intervention application which was allowed by this Court on 24.02.2004, Mr. Raj Kumar Gupta has brought to our notice that some disputes raised by the intervenors in regard to the same subject matter are pending before the Central Administrative Tribunal as well as before the High Court of Andhra Pradesh for adjudication. In view of the pendency of the matters before the Tribunal and the High Court, we do not wish to embark upon the merits of the claims made by the intervenors in their case pending before the Tribunal and the High Court, which shall be decided on their own merits. The intervention application is accordingly rejected without expressing any opinion on its merits.