ORDER

Per- Ms. Bidisha Baneriee, Member (J):

Heard.Id. counsel for both sides.

i This application has been filed to seek the following reliefs-

2. "To quash and set aside the Memorandum IMo.W/Misc/3/2A/CI.IV/8S. dated 29.04.2013 issued by the respondent No. 5 and the entire proceeding held thereunder.

P oal247.2021 .. .i, • '*V (b) To quash and set aside the Show Cause Notice being No.W/Misc/3/2/show-cause/B. Saha dated 28.06.2012.

(c) An order directing the respondent authorities to drop the Charges leveled against the applicant as another colleague of the applicant namely Sri Sanjit Dey has been exonerated of the Charges leveled against him where the Charges were identical.

(d) An order directing the respondents to grant all consequential monetary benefits to the applicant;

(e) An order directing the respondents to produce/cause production of all relevant records;

(f) Any other or further order or orders or direction as to Your Lordships may deem fit and proper."

Ld. Counsel for the applicant submits that this application has been filed challenging the Memorandum of Charge Sheet dated 29.04.2013 issued by the respondent No. 5 and the entire proceedings., as the authorities having failed to establish the Charges shifted the onus to disprove the Charges on the applicant illegally and having failed to justify the Charges and to establish them even after lapse of more than 8 years have served the applicant with the Show Cause Notice as stated above to drag the proceeding again which is not permissible under the law. Ld. Counsel also submits that, in the meantime, another person, namely, Sri Sanjit Dey who was also approved for engagement as Substitute Group "D ” and appointed along with the applicant as Trackman and served with identical Charge Sheet has been exonerated and as such, there is no justification and/or bonafide reason in not dropping the Charges levelled against him on 29.04.2013. Hence, this Original Application.

At hearing, an order dated 16.08.2021 has been placed before us

4. which is issued by the Disciplinary Authority, which reads as under.-

L .

0 M oal247.2021 "SOUTH EASTERN RAILWAY Office of the DM. Rly. Manager (Engg) KGP Date 16.08.2021 No: W/Misc/3/2A/Ci-lll/B.Saha To Sri Tapan Kumar Das, Jr. Track man Working under SSE (P. Way)/Central/SRC.

Sub: Submission of false or fabricated certificate for fresh face engagement under GM's discretionary power against Sri Tapan Kumar Das, Jr. Track man working under SSE (P.Way)/Central/5RC.

Ref: This office Charge Memorandum No. W/Misc/3/2A/CHlV/BS, dtd.29.04.13 One SF-05 was issued against you vide this office memorandum mentioned above duly acknowledged by you on 14.05.2013. You have submitted your explanation within the stipulated period on 22.05.2013. Accordingly, several times of enquiry were taken place. On scrutiny of the entire D&A case file it is noticed that, on dtd. 28.08.2012 one show cause letter was issued against you, but you have not submitted the reply within the stipulated time. Finally, the reply of the show cause letter is submitted by yo