Hon’ble Mr. Ashish Kalia, Member (J)

The applicant in the present Original Application has

prayed for the following reliefs:-

“i.

That this Hon’ble Tribunal may graciously be

pleased to allow this Original application, set-aside the

Impugned

order

dated

8.10.20185(Disciplinary

Authority), order dated 18.04.2019(Appellate Authority)

& order dated 25.07.2019(Revisional Authority) with all

consequential benefits including full back wages.

ii.

That this Hon’ble Tribunal may graciously be

pleased to allowed this Original Application direct the

respondents to re-instate forthwith with full back wages

including Arrears of Pay in the interest of justice.

iii.

That this Hon’ble Tribunal may graciously be

pleased to direct the respondents to produce the

complete record of present Disciplinary proceeding

initiated against the applicant before the Hon’ble

Tribunal.

iv.

That any other or further relief which this Hon’ble

Tribunal may be deem fit and proper the circumstances

of the case may also be granted in favour of the

applicant.”

Brief facts of the present case are that the applicant

who was initially appointed as Tocken Porter, Group-D on

15.02.2001 was promoted as Pointsman on 06.05.2005.

The respondents have issued the letter dated 08.11.2017

stated therein that the applicant was authorized absent for

around 141 days w.e.f. 20.06.2017 to 07.11.2017, for

which, he was served the Major Penalty Chargesheet dated

3

01.01.2018. On denial of the charges levelled against him,

the respondent had appointed an Inquiry Officer to enquire

into the matter. After completing the inquiry proceedings,

the Inquiry Officer vide order dated 22.05.2018 proved all

the charges against him. The main contention of the

applicant is that while proving the charges against him, the

Inquiry Officer did not discuss the statement of the

applicant and failed to assess the evidence in respect of

each article of charge in the Inquiry Report. Consequent

upon the same, he submitted a representation against the

report of the Inquiry Officer before the Disciplinary

Authority

and

vide

order

dated

08.10.2018,

the

Disciplinary Authority had imposed the penalty of Removal

from Service, without considering his representation. Later

on, the applicant had submitted a detailed appeal dated

13.02.2019 along with medical records against the

“Removal From Service” Order dated 08.10.2019 requesting

the respondent to cancel the said order, stating therein that

the curtain of his left ear was torn and hurt so much, to

which he was under treatment. The Appellate Authority

had rejected the appeal of the applicant vide order dated

4

18.04.2019, to which a Revision Petition was also filed

which

was

also

rejected.

Being

aggrieved,

he

has

approached this Tribunal with the aforementioned reliefs.

4.

Heard both the parties and perused the material

available on record.

5.

At the outset, learned counsel for the applicant has

submitted that the punishment so imposed upon the

applicant is harsh.

6.

The short question raised before this Tribunal is

whether the punishment awarded to the applicant is

disproportionate to the offence so committed by him or not?

7.

In the case of Naresh Chandra Bhardwaj vs Bank

Of India on 22 April, 2019 at Paras 14 to 17, the Hon’ble

Supreme Court observed as under:-

“14. It is difficult for us to accept that there is any difference in

the conduct of the three officers as would justify this

differentiation in punishment. The most important fact in this

behalf to notice is that as per the counter affidavit submitted by

the respondents, in their own wisdom they have agreed to grant

compassionate allowance to the appellant, which is 2/3rd of the

5

full pension as would be payable to him had the punishment of

removal from service not been imposed on him. What is also

important to note is that it is further submitted in the same

paragraph 8.2 that even if the punishment is modified to

compulsory retirement the appellant would receive 2/3rd of the

full pension which is eq