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2018 Supreme(All) 1511

MANOJ MISRA, VED PRAKASH VAISH
UNION OF INDIA – Appellant
Versus
RAYEES-UL-HAQUE – Respondent


Advocates:
Counsel :
Kaushlesh Pratap Singh; Rajnish Kumar Rai and S.C. for the Petitioners; S.C. and Sanjay Kumar Om for the Respondents.

JUDGMENT

Hon’ble Manoj Misra, J.—The instant petition has been filed by Union of India through its Department of Railways alongwith officers of the Railway Department against the judgment and order 18.5.2012 passed by the Central Administrative Tribunal, Allahabad (for short the ‘Tribunal’) in O.A. No. 1093 of 2006 by which the original application filed by the first respondent (Rayees-Ul-Haque) was allowed; the major penalty charge-sheet dated 12.7.2004; removal order dated 31.1.2006; and the appellate order dated 16.6.2006 were quashed.

2. The relevant facts of the case are as follows: The first respondent was an Inquiry-cum-reservation clerk posted at Gorakhpur. A minor penalty charge-sheet was served upon him on 11.3.2004 alleging that from April 2003 to June 2003, he had issued 50 concession tickets on forged concession vouchers thereby causing loss to the Railways. The first respondent denied the allegations. After considering the reply, the Assistant Commercial Manager vide order dated 19.4.2004 imposed punishment of stoppage of next increment for a period of six months temporarily and directed for recovery of Rs. 26,636/- from the first respondent in lieu of the loss suffere


















































































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