ORDER

By Justice Om Prakash VII, Member (J) The present O.A has been filed by the applicant under section 19 of the Administrative Tribunal Act, 1985 seeking following reliefs:-

“(i) To issue a writ order or direction in the nature of certiorari quashing the order dated 20.2.2008, 15.5.2009 and 16.3.2010 (Annexure No. 1, 2 and 3) passed by respondent No. 4, 3 and 2 respectively. (ii) To issue a further writ order or direction in the nature of mandamus commanding the respondents to reinstate the applicant on the post of Substitute Safaiwala, Mechanical Workshop, Gorakhpur and pay him the entire arrears of salary and other consequential benefits, as if the services of applicant has not been removed. (iii) to pass any other suitable order or direction which this Hon’ble Tribunal may deem fit and proper under the circumstances of the case. (iv) to award the cost of the present OA in favour of the applicant

2. The facts emerges out from the O.A. are that applicant was appointed in the Railway on 2.2.1999 in Class IV category as Substitute Safaiwala. Applicant has passed his 8th class examination from Thakur Vishwanath Singh Laghu Madhyamik Vidyalaya, Basdila, Paniyara, Gorakhpur. Prior to joining Railways, applicant was working as Chowkidar in a semi-government organization i.e. Junior Institute North Eastern Railway, Gorakhpur wherein he has submitted transfer certificate issued by Thakur Vishwanath Singh Laghu Madhyamik Vidyalaya, Basdila, Paniyara, Gorakhpur. One Shri Baikunth Chauhan, who is neighbour of the applicant, wanted to open one passage between his house and applicant house but applicant did not permit him to open any passage, thus dispute arose between them. Shri Baikunth Chauhan was keeping malafide intention against the applicant. Due to ill-will Shri Baikunth Chauhan asked the applicant to hand over his entire relevant papers including his mark-sheet, transfer certificate and application to him. Applicant being innocent of evil intention of Shri Baikunth Chauhan handed over the aforesaid documents. Shri Baikunth Chauhan with his malafide intention replaced the educational certificate of the applicant with another certificate which was issued by Uchcha Madhyamik Vidyalaya, Buddhehak, Bhagalpur, Bihar. On the basis of aforesaid certificate, applicant joined the post of Substitute Safaiwala.

While working as Substitute Safaiwala, respondent No. 4 on 06/11.1.2005 issued a major charge-sheet (SF-V) alleging therein that at the time of joining the Railway, applicant had submitted transfer certificate dated 1.8.1980 in support of his educational qualification and date of birth allegedly issued by Principal, Uchcha Madhyamik Vidyalaya, Buddhehak, Bhagalpur, Bihar, which has not been issued by him and the same has been found to be forged, thus the integrity of the applicant is doubtful. Applicant submitted his reply on 25.1.2005 against the chargesheet dated 06/11.1.2005. Due to innocence, applicant approached Shri Baikunth Chauhan for preparation of reply to the charge-sheet. Since Disciplinary Authority did not agree with the reply of the applicant appointed Inquiry Officer to enquire into the matter.

However, the Inquiry Officer conducted the enquiry in pursuance of the chargesheet dated 06/11.1.2005. Applicant was also directed to give his defence statement which was submitted by the applicant vide his representation dated 12.02.2007. After thorough enquiry, Inquiry Officer submitted enquiry report dated 16.05.2007 wherein he gave a specific finding to the effect that applicant has not committed any forgery nor there is any reason for him to submit forged certificates allegedly issued from Uchcha Madhyamik Vidyalaya, Buddhehak, Bhagalpur, Bihar when valid and genuine certificate was available with him which was issued by Thakur Vishwanath Singh Laghu Madhyamik Vidyalaya, Basdila, Paniyara, Gorakhpur. Accordingly, Inquiry Officer observed that the applicant is not responsible for the forgery. Inq