Divisional Railway Manager and Others vs Sanjay Raina

M.M. Kumar, C.J.—The order of the Central Administrative Tribunal Chandigarh (Circuit Bench at Jammu) (for brevity the Tribunal) dated

31.05.2013 is subject matter of challenge in the instant petition filed by the Divisional Railway Manager (DM) Northern Railways and his other

associate officers. The principal ground for granting relief to the original applicant-respondent Sanjay Raina is discernible from para 11 of the

impugned order passed by the Tribunal. It has been concluded that charge sheet was issued after a delay of 10 years. The event with regard to

misuse of railway passes took place in the year 1997 and charge-sheet was issued on 25.09.2007. There was no satisfactory explanation furnished

by the writ petitioners before the Tribunal as to why charge-sheet was issued after 10 years and proceedings before the Enquiry Officer remained

pending for two and half years. The Tribunal quashed the order of punishment for another reason also namely that the appellate authority did not

deal with all the points raised by the original applicant-respondent in his appeal and the order passed by the appellate authority was a non speaking

order.

We have repeatedly asked Mr. Chandel, learned counsel for the writ petitioners to point out justification for issuing charge sheet after 10 years.

All that has been pointed out is that a letter dated 20.09.2007 was received from Northern Railway Vigilance Branch, Headquarters Office

Baroda House, New Delhi at the Divisional Railway Manager, Northern Railway, Ferozpur which encloses draft major penalty charge sheets

against five officers including the original applicant-respondent. The case is stated to have been investigated by the CBI and even FIR was lodged

somewhere in the year 1998. On the asking of the Court that what is the date of report of the CBI, no answer has been given by the learned

counsel for the writ petitioners.

On the contrary, Mr. P.N. Raina, learned counsel for the original applicant-respondent has stated that Sh. Sanjay Raina original

applicant/respondent has appeared as a witness in the trial against Rakesh Mahajan. He died during the pendency of trial and this fact stands

admitted by the petitioners before the Tribunal. The original applicant-respondent has been visited with the punishment of reduction from the stage

of Rs. 19170 to the stage of Rs. 18060 in pay band of Rs. 9300-34800 + Rs. 4200 GP for a period of two years with further stipulation of

postponing future increments from the date of order dated 09.02.2012. In the absence of any classification of misconduct on the part of the original

applicant-respondent as to whether misuse of passes was founded on a negligent act or it was a deliberate act for extraneous consideration, it was

not possible for the authorities to conclude that major punishment of reduction in pay scale for a period of two years with cumulative effect was a

justifiable punishment nor it is possible to provide fair opportunity for the type of lapse after a period of 10 years. For the aforesaid view we take

support from the judgments of Hon'ble the Supreme court rendered in the cases of The State of Madhya Pradesh Vs. Bani Singh and another, and

P.V. Mahadevan Vs. M.D., Tamil Nadu Housing Board, We also concur with the view taken by the Tribunal that the whole record was not made

available for inspection of the original applicant-respondent. As a sequel to the above discussion, the writ petition does not warrant admission

hence the same is dismissed.