Procedural violations in disciplinary hearings, such as lack of impartiality and proper inquiry conduct, invalidate removal from service and necessitate quashing of disciplinary orders.

JUDGMENT :

Ravi Nath Tilhari, J.

Heard Sri K.R.K.V. Prasad, learned counsel for the petitioner and Sri Venna Hemanth Kumar, learned Central Government Counsel for the respondents 1 to 6.

2. The petitioner was the applicant in O.A.No.958 of 2011 (in short OA) before the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (in short, the Tribunal). The same was dismissed on 15.02.2012 and challenging the said judgment, the present writ petition was filed.

3. The petitioner shall be referred as the applicant and the respondent as the respondent.

I. FACTS:

4. The applicant was appointed as Peon in Vijaywada Division of South Central Railways. He was later on promoted to the post of Junior Clerk-cum-Typist, after the said promotion panel was approved by the Additional Divisional Railway Manager, Vijayawada Division, South Central Railway-2^nd respondent in terms of the proceedings dated 13.03.1997 issued by the 3^rd respondent-the Senior Divisional Personnel Officer, Vijayawada Division. While working as Junior Clerk (Mechanical Bills), pursuant to a Vigilance trap dated 28.10.2009 the applicant was served with a charge memo vide Memorandum No.B/P227/IV/2009/3/Vig., dated 14.12.2009 by the 5^th respondent the Senior Divisional Personal Officer, Guntakal Division, with respect to the demand and receipt of illegal gratification of Rs.500/- from one Smt G. Parameswari (the complainant) to process her Provident Fund withdrawal application.

5. The Article of Charge against the applicant reads as under:

"ANNEXURE TO STANDARD FORM No.5

The Memorandum of Charge Sheet under Rule – 9 of the RS (D&A) Rules, 1968:

ANNEXURE-I

ARTICLE OF CHARGE FRAMED AGAINST SHRI.B.KRISHNA KUMAR, Jr. Clerk/Mech., Bills, Sr.DPO/O/BZA.

Article(i)

That the said Shri. B.Krishna Kumar, Jr. Clerk, Mechanical Bills, Sr. DPO/O/BZA while working as such on 28.10.2009 had committed serious misconduct in that he had demanded and collected an amount of Rs.500/- as illegal gratification from Smt. G. Parameswari, Welder Gr.I, Wagon Depot/BZA to process her Provident Fund withdrawal application dt. 16.10.2009 as detailed in the statement of imputations.

Thus, the said Shri. B. Krishna Kumar had failed to maintain absolute integrity, devotion to duty and acted in a manner unbecoming of a Railway Servant and has violated Rule No.3(1)(i),(ii) & (iii) and Rule 26 of Railway Services (Conduct) Rules, 1966."

6. The applicant was given an intra Divisional transfer from Vijayawada Division to Guntakal Division.

7. The applicant submitted reply dated 04.01.2010 to the charge memo to the 5^th respondent denying the allegations. Not being satisfied with the reply, the 5^th respondent considered to conduct enquiry and nominated the 6^th respondent as the Enquiry Officer to enquire into the charges. However, any presenting officer was not appointed.

8. The Enquiry Officer submitted the report to the Disciplinary Authority holding the charge as proved and the Disciplinary Authority forwarded the copy of the report of the Investigating Officer to the applicant