O R D E R

Per Mr. Anindo Majumdar, Administrative Member :

1. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunal Act, 1985, praying for the following relief(s):

“i) An order do issue upon the respondents particularly upon the Divisional Railway Manager, Eastern Railway Sealdah and Sr. Divisional Personnel Officer, Eastern Railway, Sealdah to issue necessary order to set aside and/or quash the entire punishment in annexure A-1, A-9, A-10 and A-11 by accepting the findings of Ld. Inquiry Officer in connection with the Departmental Proceedings against the applicant.

ii) An order do issue upon the respondents cancel/rescind/withdraw the false and fictitious charge sheet No.P/Sc/D&A/JPS/15 dated 27.10.15 issued by the Divisional Mechanical Engineer (D&P) Eastern Railway, Sealdah, in annexure A-4 with this application.

ⅲ) An order do issue upon the respondent authorities to effect all the consequential monetary and promotional benefit of the applicant on and from 07.02.2013 to till date including effecting the 7th Central Pay Commission's benefits by regularizing the entire illegal punishment period as on duty.

(iv) An order do issue upon the respondents produce entire document before the Tribunal for conscionable of justice.

(v) And any other order / orders as Your Lordship may deem fit and proper.”

2. The main facts of the case are summarised as below :

a) The applicant herein, Shri Jitendra Prasad Singh had been removed from service on 07.02.2013 by the Senior Divisional Engineer – I, Eastern Railway, Sealdah. However, the said order was quashed and set aside by this Tribunal in O.A. No. 716/2013 (Jitendra Prasad Singh Vs. Union of India & Ors.) The respondent authorities, thereafter preferred an appeal before the Hon’ble High Court at Kolkata in WPCT No. 144/2015 which was dismissed by the Hon’ble High Court.

b) After a contempt application was filed by the applicants against the respondents for not implementing the aforesaid order, the respondent authorities reinstated the applicant and placed the applicant under suspension vide order dated 27.08.2015 with effect from 07.02.2013.

c) Thereafter the Divisional Mechanical Engineer (D&P), Eastern Railway, Sealdah issued a major penalty charge sheet dated 27.10.2015 under Rule 9 of Railway Servants (Discipline and Appeal) Rules, 1968, vide memorandum No. GC 12/Major (Revd.) dated 27.10.2015. The statement of article of charges framed against the applicant, Shri Jitendra Prasad Singh vide the aforesaid memorandum are reproduced below :

“Article – I : That the said Shri Jitendra Prasad Singh while functioning as Sr. ALP/BGA was involved in the agitation for which the official activity of DRM/SDAH office was seriously affected on 06.02.2013.”

d) The applicant replied to the charge sheet denying the disputing the charges levelled against him in the charge sheet.

e) Shri Prashant Kuntal, Assistant Material Manager/DSL/BGA, Eastern Railway was appointed as Enquiry Officer to inquire into the charges against the applicant. On conclusion of the enquiry, the Enquiry Officer submitted an enquiry report wherein he found the charges levelled against the applicant as not proved.

f) The Disciplinary Authority did not, however, agree with the findings of the Inquiry Officer and submitted a note of disagreement. The Disciplinary Authority, vide No. P/Sc/D&A/JPS/15 dated 21.02.2017 imposed the punishment of compulsory retirement from service upon the applicant.

g) The applicant preferred an appeal to Sr. Divisional Mechanical Engineer, Eastern Railway, Sealdah being the statutory Appellate Authority. The Appellate Authority vide No. P/Sc/D&A/JPS/15 dated 06.03.2017 modified the punishment imposed upon the applicant by reinstating him in service in the initial grade and treating the entire period of compulsory retirement from service, i.e., from 21.02.2017 to 05.02.2017 as leave without pay.

h) The applicant preferred a Revision Application to the Additional Divisional Railway