ORDER

AS PER:- AJAY PRATAP SINGH, MEMBER[JUDICIAL]

Grievance of applicant as projected by Shri applicant seeking direction to set aside the order of dated 08.05.2023 (Annexure-A/1) passed by disciplinary authority charge sheet dated 28.04.2022 (Annexure 11.04.2023 (Annexure-A/2) and also seeking direction to restore the pay of applicant with all consequential benefits.

It is the case of the applicant that he is working as (P.Way) at Barhi was placed under deemed suspension vide order dated 04.03.2022. Applicant was released on bail on 15.03.2022 and his suspension was revoked by Senior Divisional Engineer vide order dated 25.04.2022. Sr. Divisional Engineer also issued memorandum dated 28.04.2022 and inquiry report was submitted on 11.04.2023 punishment order was passed on 08.05.2023 whereb reduction in existing grade from level 8 (Pay Rs. 81200) to Level 7 on initial stage of the pay (Rs.44900) with imm years with cumulative effect.

OA No. /050/00309 of 2024 CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH, PATNA of 2024 Order dated: 28.05. 2024.

HON’BLE MR. AJAY PRATAP SINGH, MEMBER [J]

Son of Sri Nand Kumar Singh, Senior Section Engineer (P.Way), East Central Railway, Barhi under Dhanbad Division, Tent Bigha, PO/PS/District-Jehanabad (Bihar).

………. Applicant .

General Manager, East Central Railway, Hajipur (Town) District- Vaishali at The Additional Divisional Railway Manager, East Central Railway, The Senior Divisional Personnel Officer, East Central Railway, Dhanbad-

East Central Railway, Dhanbad Financial Officer , East Central Railway, Dhanbad ……..Respondents. Advocate.

, Additional Standing Counsel.

O R D E R AJAY PRATAP SINGH, MEMBER[JUDICIAL]

Shri M.P. Dixit, learned counsel for set aside the order of dated 08.05.2023 passed by disciplinary authority and also to set aside charge sheet dated 28.04.2022 (Annexure-A/3) and Inquiry Report dated and also seeking direction to restore the pay of he is working as Senior Section Engineer at Barhi was placed under deemed suspension vide order dated . Applicant was released on bail on 15.03.2022 and his suspension was revoked by Senior Divisional Engineer vide order dated . Sr. Divisional Engineer also issued memorandum of charges and inquiry report was submitted on 11.04.2023 and punishment order was passed on 08.05.2023 whereby punishment of reduction in existing grade from level 8 (Pay Rs. 81200) to Level 7 on 44900) with immediate effect for a period of 2 Son of Sri Nand Kumar Singh, Senior Section Engineer (P.Way), East Central Railway, Barhi under Dhanbad Division, General Manager, East Central Railway, Vaishali at East Central Railway, -

Dhanbad East Central Railway, Dhanbad , learned counsel for set aside the order of dated 08.05.2023 and also to set aside and Inquiry Report dated and also seeking direction to restore the pay of Senior Section Engineer at Barhi was placed under deemed suspension vide order dated . Applicant was released on bail on 15.03.2022 and his suspension was revoked by Senior Divisional Engineer vide order dated f charges and y punishment of reduction in existing grade from level 8 (Pay Rs. 81200) to Level 7 on ediate effect for a period of 2 3. It is also departmental appeal before East Central Railway, Dhanbad (Annexure submitted reminders on 4. Shri M.P. Dixit sitting tight over the statutory appeal filed by the applicant on 25.05.2023 (Annexure of appeal by Appellate a month of its submission.

5. Shri G.K. Agarwal departmental appeal filed on considered 6. Heard 7. Shri M.P. Dixit, learned counsel for applicant vehemently argued that Railway Board has issued letters that appeal should receive prompt attention and should be dispos Whereas in present case (Discipline & Appeal) Rules, 1968 one year neither appeal has been decided by ADRM, ECR, Dhanbad nor any interim reply sent to applic