The acquittal in a criminal trial does not prevent the initiation of departmental proceedings if the charges differ; delay must demonstrate prejudice to be considered fatal.

JUDGMENT

RAVI NATH TILHARI, J. - Heard Sri T. Ashok Srivastava Reddy, learned counsel, appearing for the Deputy Solicitor General of India for the petitioners and Sri Ravi Kiran, learned counsel for the 2nd respondent.

2. The petitioners - Union of India and its Railway Authorities have filed this writ petition under Article 226 of the Constitution of India for the following reliefs:

"....to issue a Writ, Order or direction more particularly one in the nature Writ of Certiorari by calling for the order dt. 2/11/2018 in O.A.No.020/00362/2016 on the file of Hon'ble Central Administrative Tribunal, Hyderabad Bench and declare the same as illegal, arbitrary, capricious and contrary to the judgments of Apex Court and pass such other or further orders......"

3. By the order impugned dtd. 2/11/2018 in O.A.No.020/00362/2016, (O.A), the Central Administrative Tribunal, Hyderabad Bench (in short "the Tribunal") allowed the original application of the 2nd respondent (applicant in O.A); quashed the departmental proceedings, the other orders impugned in O.A and with further directions to the petitioners (respondents in O.A).

4. The operative portion of the Tribunal's order is as under:

"20. Hence the Departmental Proceedings are quashed. The impugned orders No.B/C.DAR/Non-Vig/Major/08/2015, dtd. 1/1/2016 and Memorandum No. SCR/P-BZA/212/Comml /Gr.D/TE/15, dtd. 22/1/2016 are set aside. There will be no legal bar or hurdle in granting any consequential service benefits to the applicant. Original application is accordingly allowed.

21. Therefore the respondents are directed to consider:

(i) including the name of the applicant in the memorandum dt. 22/1/2016 for promotion to the post of Ticket examiner and promote him from the date due on a notional basis. Seniority to be fixed on a notional basis from the date he is notionally promoted to the post of Ticket Examiner;

(ii) pay and allowances on (i) above be fixed and drawn from the date of the joining the post of Ticket Examiner along with the consequential benefits thereof. No back wages need to be paid from date due to date of joining;

(iii) Time frame allowed to implement the order is three months from the date of receipt of a copy of this order.

22. No order as to costs."

5. The 2nd respondent while working as Hamali in Goods Shed, Rajahmundry Railway Station in Vijayawada Division of South Central Railway, was deputed to perform duty near Booking Office, on Scouts monitoring duty during Sankranthi festival time to regularize the passengers standing in the queue in front of the Railway Booking Office on 12/1/2009. In the matter of theft that took place in the railway booking office, on 12/1/2009 the Government Railway Police (in short "GRP") registered a case against the cashier and the Booking Supervisor of the Booking Office which case was not pursued further by the GRP, Rajahmundry. However, the Railway Protection Force (in short "RPF") officials registered a case on 27/3/2009 for the very same incident of loss of railway cash against the 2nd respondent and others. He was arrested under Railway Property (Unlawful Possession) Act, 1966 (in short "RPUP Act") on 27/3/2009. He was placed under suspension on 27/3/2009 till revocation of the suspension order on 24/6/2009 and was transferred to Krishnapatnam where he reported to duty on 2/7/2009. He was however again suspended with effect from 5/7/2009 which order was revoked on 31/12/2009