Departure from regular disciplinary enquiry under Rule 14(ii) requires reasoned satisfaction of impracticability; mere staff anger insufficient, mandating compliance with natural justice and Article 311.

JUDGMENT :

1. The instant writ petition under Article 226 of the Constitution of India is directed against the order dated 08.04.2025 passed in O.A. No.051/00281/2021 by the learned Central Administrative Tribunal, Circuit Bench, Ranchi whereby and whereunder, the learned Tribunal has allowed the said original application by passing the following directions:

“9. In view of the above observation, we hold that though the tribunal should not function as an appellate authority in the matter of disciplinary proceeding, but in the peculiar facts and circumstances of the instant case as discussed above, interference of this Tribunal is warranted and fully justified. Accordingly, the OA is allowed. The impugned orders dated 11.02.2010 (Annexure A/1), 28.10/04.11.2020 (Annexure A/2) and 10.02.2020 (Annexure A/4) are accordingly quashed and set aside. The respondents are directed to reinstate the applicant in service forthwith from the date of removal from service. He should be granted all the consequential benefits as per the rules within a period of three months from the date of receipt of this order. No order as to cost and interest.”

2. The brief facts of the case as per the pleading made in the writ petition having been enumerated as per the pleading which is available in the original application needs to be referred here which is as under: The applicant, respondent herein, was appointed through Railway Recruitment Board, Ranchi on 11.04.2007 for the post of Technician-III and was posted at Obra Dam under East Central Railway, Dhanbad Division. After his promotion to the post of Technician-II he was transferred to Gajhandi in July, 2011 on his own request.

The applicant, respondent herein was selected in the year 2013 for the post of Junior Engineer (C&W) under 25% Intermediate Apprentice Quota and was sent for mandatory training and after completion of successful training he was posted as Junior Engineer (C&W), at Singrauli in the month of April 2015. He was later promoted to the post of Senior Section Engineer (C&W) on 31.12.2018 and transferred to Barwadih on 15.12.2019 under Routine Overhauling Depot (ROH) where the work of wheels and other parts of Goods Train are being done. That the administrative work of ROH is being manned by Depot In-charge with another ROH In-charge for helping him who both are Senior Section Engineer in the same status post as of applicant but applicant is under the Department of Carriage & Wagon.

It had been stated by the applicant, respondent herein before the learned Tribunal that ROH In-charge is authorized to allot the duty of all Staff up to Supervisor. ROH In-charge is custodian of attendance register of such employees. This ROH In-charge is not only maintaining all works register with the name of employees who have been assigned works by him but also the work of Crane/Fork Lifter performed by Helper/Operator is being done in the presence of ROH In-charge and not by the applicant.

After joining at Barwadih on 19.12.2019, the respondent has sincerely executed the work allotted by the ROH In-charge. It had been submitted that even on 08.