S. Manikumar, J.

Challenge in this Writ Petition is to an order, made in O.A.No. 154 of 2015, dated 28.04.2015, by which, the Central Administrative Tribunal, quashed the order, dated 24.11.2014, of Assistant Commercial Manager/I/MAS, Commercial Branch, Chennai Division, Chennai, 2nd appellant herein, transferring the 2nd respondent from Chennai Division to Salem Division.

2. Facts as per the case of the 2nd respondent are that on 01.04.2014, when he was on duty in Sampark Kranti Express train, he excessed the passenger, viz., Rasmi Gupta, for transfer of ticket, as she was travelling on the ticket issued in the name of one Abishek Nagar (M/22), along with two other passengers, viz., Swetank Sharma and Swati Bansal. Mother of Swathi Bansal prevented him, from claiming excess amount for transfer of ticket, as per the Railway rules in force, using the name of Ex. Railway Minister, Sri. Pawan Kumar Bansal and all of them threatened him, that he would face dire consequences. But the 2nd respondent did his duty and charged due fare, through Excess Fee Ticket No. 0335579 for Rs.3,510/-. Before reaching Vijayawada, he received a message from the Depot, Commercial Control/MAS, and DCM 1/MAS that he misbehaved with a passenger. When the train reached Vijayawada, RPF came and asked for explanation.

3. The respondent has further submitted that on his arrival to Head Quarters/MAS on 02.04.2014, he was asked to meet DCM 1/MAS. He met and explained. Thereafter, he was asked to meet CCM/MAS on 03.04.2014. On 25.08.2014 and 26.08.2014, when he was working in train No.15901, Bangalore to Dibrugarh Express, he issued EFT No.0531657 for Rs.100/- to one Maruduraj, for ticket conversion and another EFT No.0531658 for Rs.220/- to Mr. Vinod and Mr. Suresh Kumar. At Jolarpet, Shri. Anichandran, Chief Vigilance Inspector, entered the coach and conducted a check. He gave the cash check memo and declared Rs.100/- as private cash and Rs.320/- as railway cash. However, when the train reached Kadpadi, three other persons, viz., Mr. Goutham, Mr. Rajiv and Mr. V. Giridhar accompanied by Mr. Anichandran and others, to whom, he had issued EFT for conversion, surrounded him and lateron, he came to know that the three passengers were decoys and they had come with an intention to trap him. They collected his signatures on blank papers.

4. The 2nd respondent has further submitted that from 28.08.2014 to 01.11.2014, he was sick. On 01.11.2014, when he reported for duty, he was served with an order of suspension, dated 26.80.2014. Subsequently, on 27.01.2015, the said order of suspension was revoked. On 29.01.2015, the 2nd respondent was served with a copy of the order of Inter Divisional Transfer, dated 24.11.2014, order of revocation of suspension dated 27.01.2015 and the relieving order, dated 29.01.2015. The 2nd respondent has challenged the inter-divisional transfer order, on the grounds, contending that it was a measure of penalty.

5. The petitioners in the reply statement, have submitted that a surprise Vigilance check was conducted in Train No.15901 Bangalore City to Dibrugarh Express on 25/26th August 2014, based on the complaint, received from the passengers that the Ticket Checking staff, working in Train No. 15901, were in the habit of collecting fare, as Railway dues and they neither issued receipts nor returned the balance to the passengers.

6. According to the petitioners, the 2nd respondent was manning S6 and S7 coaches in Train No.15901 and during check, he had declared Rs.350/- as personal cash, in the Rough Journal Book, in accordance with the procedure for declaring personal cash. However, during the time of check, he was found to have only Rs.100/-. He had not returned Rs.80/- to the Railway decoys, when he issued EFT No.0531657 for ticket conversion and retained the same. In view of the serious irregularities, he was suspended from duty, by an order, dated 26.8.2014, which was periodically reviewed. In terms of Railway Board’s guidelines co