Pradeep Nandrajog, J.

1. Joining service under the Indian Railways as a Goods Clerk on June 30, 1980, the respondent was promoted to the post of Goods Supervisor on July 02, 2004, a post in the pay scale Rs.5500-9000 by the Divisional Railway Manager, but it appears that the formal communication was sent under the signature of Senior Divisional Commercial Manager. It is trite that it is the order passed on the file which determines the authorship thereof and not the ministerial function of sending a communication pertaining to the same.

2. On July 28, 2008 a Memorandum of Charges was served on the respondent alleging misconduct. The Articles of charge read as under:-

“Article of Charge-1

He issued RR no.352042 dated 09.2.2005 from MNQ to NJP in favour of M/s Krishna Traders, Harchand Malik Street, Kolkata, in which he manipulated in record copy, distance was shown 1300 km whereas in the RR the distance was shown 1301 km, which shows his malafide intention. Article of Charge-2 He has collected the freight of RR No. D 352042 dated 09.2.2005, Rs.15,65,159/- in the receipt foil but in the RR he has mentioned the forged freight amounting Rs.15,93,931/- i.e he has mentioned an exce