IMPORTANT POINT
Admission of charges obviates the need for further inquiry in disciplinary proceedings.

JUDGMENT :

Donadi Ramesh, J. :

1. Heard Sri Vinod Kumar, learned counsel for the petitioner and Sri Gopal Verma, learned counsel for the respondents.

2. Present petition has been filed aggrieved by the order of Central Administrative Tribunal Bench, Allahabad dated 05.04.2021 in Original Application No. 978 of 2010 (Mohammad Sabir Vs. U.O.I. and Others).

3. The petitioner has filed the original application assailing the order dated 1.4.2010 of the respondents herein. The petitioner while working on the post of Khalasi/Helper in Railways, the respondents have issued a memorandum of charge on 11.9.2008 proposing to initiate major penalty. Consequent on the said charge, an inquiry officer was appointed and the date 15.6.2009 was fixed for inquiry proceedings. On the said date, the petitioner appeared before the inquiry officer and the charge memo was read over to him and his statement was recorded. Thereafter, the inquiry report was submitted by the inquiry officer finding the petitioner guilty of the charges. Based on the above, the disciplinary authority have issued proceedings on 30.11.2009, imposing punishment on the petitioner of his removal from service.

4. Aggrieved by the said order, the petitioner preferred a department appeal on 9.12.2009, which was decided by the order dated 1.4.2010 recording a clear finding that the petitioner is a habitual of absenting himself unauthorizedly and he has absented himself by total number of 801 days unauthorizedly. Accordingly, the punishment was affirmed. Assailing the said orders, he preferred the original application before the Central Administrative Tribunal, Allahabad.

5. The petitioner has raised several grounds before the Tribunal mainly on the ground that Rule 9 of the Railway Servants (Disciplinary and Appeal) Rules, 1968 (hereinafter referred to as the ‘Rules’) have not been followed by the inquiry officer while conducting the inquiry. Though, the inquiry officer, Mr. Deena Nath Singh was appointed, but there is no mention as to who appointed Mr. Deena Nath Singh. No letter regarding appointment of inquiry officer was delivered to the petitioner. Based on the statement recorded on 15.6.2009, the inquiry officer has submitted the report on 22.6.2009, which is a non-speaking, vague and cryptic. No witness was examined during the inquiry proceedings. No documentary evidence was examined and the petitioner was not provided any opportunity to cross-examine any witness during the inquiry proceedings. Finally, the punishment order of removal from the service is harsh punishment and disproportionate to the charges leveled against the petitioner.

6. To support his contention, the petitioner has relied on the judgments rendered by the Apex Court in cases of Hardwari Lal Vs. State of U.P. and others decided on 27.10.1999, Union of India Vs. Mohd. Ramzan Khan, 1991 (1) SCC 588 and Ram Chander Vs. Union of India, SCC 1986 (3) 103.

7. Replying to the said averments/allegations, the respondents have filed counter affidavit by denying that the petitioner has been given proper opportunity of hearing during the inquiry proceedings and no violation of principles of natural justice is done and the petitioner was given ample time and opportunity to give reply to the charge-sheet, but he has not given any reply. Moreover, in his statement recorded before the inquiry officer, he has admitted the fact that he has gone out of station on 16.12.2007 without informing the senior officers and he had returned to his duty on 3.9.2008. To support his contentions, he mainly relied upon the statement recorded during the inquiry proceedings. The extracts of which is given below:

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