CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH KOLKATA O.A. 350/01150/2023 M.A. 350/1192/2023 DATE OF ORDER: 01.02.2024 Coram: Hon’ble Mr. Jayesh V. Bhairavia, Judicial Member Hon’ble Mr. Suchitto Kumar Das, Administrative Member I1n. the mSaamttreer sohf : Ka shyap , son of Late Rajendra Prasad Singh, aged about 45 years, residing at Quarter No. 409/B, Railway New Colony, Katihar, Bihar-854105 and working for gain at CTTI/KIR under N. F. Railway.

Ph- 7992301870 Email- samresh3@gmail.com Subject- Transfer & Group- C

2. Abshshek Kashyap, son of Late Rajendra Prasad Singh, aged about 45 years, residing at Quarter No. 410/B, Railway New Colony, Katihar, Bihar-854105 and working for gain at TTI/KIR under N. F. Railway.

3. Ajoy Kumar Sah, son of Late Mantu Sah, aged about 37 years, residing at 722/H, Railway New Colony, 07 Para, Katihar, Bihar- 854105 and working for gain at TTI/KIR under N. F.

Railway.

VS. ………….Applicants

1. Union of India, through the General Manager, North East Frontier Railway, Maligaon, Guwahati-791011, Assam.

2. Chief Commercial Manager, North East Frontier Railway, Maligaon, Guwahati-781011, Assam.

3. Divisional Railway Manager, N. F. Railway, Katihar-854105, Bihar.

4. Additional Divisional Railway Manager, N. F. Railway, Katihar-

854105, Bihar.

5. Divisional Commercial Manager, N. F. Railway, Katihar-

854105, Bihar.

6. Deputy CVO/T/HQ, Maligaon, Guwahati-781011, Assam.

7. Assistant Personal Officer- I/KIR, N. F. Railway, Katihar-

854105, Bihar.

………..Respondents For The Applicant(s): Mr. A. K. Niyogi, Counsel For The Respondent(s): Mr. R. Halder, Counsel O R D E R (ORAL)

Per: Hon’ble Suchitto Kumar Das, Administrative Member

1.

The applicants have filed the present OA under Section 19 of the Administrative Tribunals Act, 1985 praying for the following common relief:

“a) That all the petitioners cause of action, allegation brought in designation of service and were found absent on same train on the same Railway Station, the transfer order which is under challenge also passed in a common order by the respondent authority be allowed to move the writ petition jointly.

b) That, an order be passed directing the respondent authorities to allow the petitioners to perform duty as prescribed by law and to directing the respondent authorities to release the regular salaries from the month February to till date to survive and to quash set aside the order or transfer and quash the departmental proceeding drawn against all the applicants.

c) That an order be issued directing the respondents authority to withdraw/cancel and the order of transfer issued by the APO/I/KIR under office order No. E8/491/TTE/MISC/PT.II (Samresh Kashyap & Ors.) and the reason order No. C/DAR/SK/TT/KIR/20023 dated 03.07.2023 and the said order of transfer be set aside/quash.

d) To direct the respondents authorities to produce all the records before this Court.

e) To issue order/orders as Your Lordship deem fit and proper.”

2.

Applicants are Travelling Ticket Examiner/Inspectors posted in Katihar Division of North East Frontier Railway. During a check by the Vigilance Inspector at Siliguri Junction, all the applicants were found absent from their duty on Train no. 15484 on 27.02.2023. The applicants were not allowed to join duty from 28.02.2023 onwards. Disciplinary proceeding were started against the applicants on 21.03.2023. Subsequently, all the applicants were transferred on administrative grounds to New Jalpaiguri and Malda respectively vide Transfer Order dated 01.05.2023.

2.1 The applicants filed individual OAs against the transfer order dated

01.05.2023. These OAs were disposed of by the Tribunal on 11.05.2023 with a direction to the applicants to file representation against the transfer order within a week further directing the respondents to consider the representations within two weeks thereafter. Respondents were also directed by the above order of the Tribunal not to relieve the applicants from their place of posting if not already relieved on the date of the ord