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SANJAY KAROL, PRASHANT KUMAR MISHRA
V. M. Saudagar (Dead) Through Legal Heirs – Appellant
Versus
Divisional Commercial Manager, Central Railway – Respondent
JUDGMENT
PRASHANT KUMAR MISHRA, J.
1. Delay of 519 days is condoned.
2. Leave granted.
3. The present Appeal challenges the final judgment and order dated 21.09.2017 in Writ Petition No. 2461 of 2002 passed by High Court of Judicature at Bombay (Nagpur Bench), whereby the High Court had reversed the judgment dated 21.03.2002 passed by the Central Administrative Tribunal [For short, ‘CAT’], Mumbai Bench setting aside the dismissal order of the appellant (now deceased) and directing his reinstatement.
FACTUAL MATRIX
4. At the relevant time, the appellant was serving as a Travelling Ticket Examiner (TTE) in the Central Railway, Nagpur. On 31.05.1988, while he was on duty in the Second Class Sleeper Coach of the 39-Down Dadar– Nagpur Express, a surprise check was conducted by the Railway vigilance team.
5. It was alleged that appellant had demanded illegal gratification from passengers, which included, Rs. 25/- from Hemant Kumar, unrefunded Rs. 20/- from Dinesh Choudhary, and unrefunded Rs.5/- from Rajkumar Jaiswal, for the allotment of berths. Further charges against the appellant included him being found in possession of excess cash of Rs.1254/- (excluding personal and railway cash), his fa
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