ORDER

Hon’ble Mrs. Pratima K. Gupta, Member (J) This original application has been filed by the applicant against the wrongful action of the Disciplinary Authority (DA) whereby a charge sheet has been issued to him on 25.04.2012 alleging that he is responsible to earn illegal money by selling fake tickets with ulterior motive and that he was found responsible for generating shortage of government money amounting to Rs.471/- to hide his illegal earning from the passengers which shows his malafide intention.

2. The brief facts of the case are that a vigilance check was made at Jhijhak station on 10.11.2012 where the booking clerk Sh. Shailendra Singh was charged for taking Rs.50/-, which was not recovered. At that time applicant was working on the supervision duty and when the vigilance team pressurised him, he gave in writing that said Sh. Shailendra Singh, Booking Clerk misplaced Rs.50/- from his cash. The applicant denied the same and stated that he cannot give in writing anything about the false story of the vigilance team.

As a result, the vigilance team got annoyed with the applicant.

3. On 05.02.2012 a joint note was prepared in which the applicant clearly denied that he has not issued ticket no.AD 03650050-51, 52 & 53. It is submitted that all these tickets were taken on record in the seizer memo. A charge sheet was issued to the applicant by respondent No.4 on

25.04.2012, which reads as under: “Article No.1.

04 fake parallel series UTS ticket (no-03650050, 51, 52& 53), were sold by Shri A.K. Tripathi from his table drawer to the passenger. Later on these tickets could not be cancelled from the system. Hence, Shri A.K.Tripathi is responsible to earn illegal money by sellingfake tickets, shows his ulterior motive.

Article No.2 Shri A.K. Tripathi/HBC/JJK, was found responsible for generating shortage of Rs. 471/- in his government cash to hide the illegal earning from the passengers, which shows his malafide intention.

Article No.3 During searching of fake UTS tickets, an amount ofRs.1004/- was detected undeclared from the shirt pocket of Shri A.K. Tripathi. The above act shows his malafide intention.

Thus, Shri A.K. Tripathi/HBC/JJK by his above act of omission and commission, failed to maintain absolute integrity, exhibited lack of devotion to duty and acted in a manner of unbecoming of railway servant by contravening Rule 3. 1(i), (i) & (iii) of Railway Service Conduct Rules-1966.”

3.1 Applicant denied all the charges mentioned in the said charge sheet. Thereafter, Sh. Prakash Pandey, CEI/VIG NCR HQ was appointed as enquiry officer to conduct the enquiry.

The enquiry was commenced on 30.01.2013 when the statement of PW-1 R.N. Sirotiya was recorded. Thereafter the statement of PW-2, 3 & 5 were also recorded. The general examination of the applicant was also done on 26.08.2013.

After completion of the enquiry applicant submitted his written brief to the enquiry officer in which he stated that all three articles of charge are baseless and false and the applicant was falsely implicated. On 01.11.2013 the enquiry officer submitted his enquiry report to the disciplinary authority stating that all the three articles of charge are proved. Thereafter, the DA sent a letter dated 12.11.2013 to the applicant to make a representation within 15 days. The applicant made a representation and reiterated his stand.

Thereafter, the DA vide letter dated 02.01.2014 awarded the penalty of dismissal from service with immediate effect upon the applicant. Applicant submitted an appeal to the Appellate Authority (AA) on 24.01.2014. The AA without considering the points of appeal passed a non-speaking order which is not permissible in the eyes of law. Hence, the order of the AA is liable to be quashed. He thereafter submitted revision to the Revisioning Authority (RA) on 29.05.2014.

The RA vide order dated 02.01.2015 decided the