ORDER

Per Hon’ble Mr. Justice Ranjit More, Chairman The present OA has been filed by the applicant seeking the following relief:-

“(a) call for the records on which the impugned orders dated 23.07.2021 and 20.12.2021 were passed by the Respondents imposing major penalty of reduced to the rank upon the Applicant and thereafter rejecting his appeal dated 17.08.2021 and thereafter quash and set them aside;

(b) direct the Respondents to reinstate the Applicant back to the rank of General Manager (Pay Rs.1,52,600/- in Scale Rs.1,20,000-2,80,000) retrospectively with effect from the date he was promoted to the above mentioned rank on 10.12.2018 and thereafter grant all the monetary benefits entitled to him from the said date in addition to all the consequential benefits that may have accrued to him along with arrears @ 18% per annum;

(c) direct the Respondents to re-fix pension and other such pensionary benefits entitled to the Applicant w.e.f. the date of his retirement on 31.12.2020 in the rank of General Manager (Pay Rs.1,52,600/- in Scale Rs.1,20,000-2,80,000) and release all his retiral dues entitled to him such as Leave Encashment, Gratuity GSLI, RITES Employee Pension Scheme funds etc. along with arrears @

18% per annum.”

2. Brief facts as narrated by the applicant in the OA and argued by learned counsel for the applicant are that the applicant joined RITES as an Assistant Manager at Southern Region, Chennai in September, 1990. Thereafter, he earned promotions upto the level of General Manager. He retired on superannuation on

31.12.2020 from the said post.

2.1 During the financial years from 2009-2013, the father-in-law of the applicant gifted an amount of Rs.40 lakhs to his daughter i.e. the wife of the applicant. Utilizing the said amount, the applicant purchased an office at Mumbai in the year 2014 for a total consideration of Rs.89.50 lakhs out of which Rs.65 lakhs were paid through loan sanctioned by Axis Bank and the remaining amount of Rs.24.50 lakhs were paid by the applicant out of the gifted amount. Intimation regarding receipt of an amount of Rs.40 lakhs was given by the applicant to the respondents vide letter dated 23.03.2009. The contents of the said letter read as under:-

“My father in law Sh. Kailash Narain Panday, is an agriculturist and he is having agricultural land of about 180 Bigha at Sankhani Village, Dabra Distt.

Gwalior (M.P.).

His net agricultural income is approximately 18-20 lakhs per annual after deducting all the related expenses.

Out of natural love and affection towards their daughter, they have assured to give my wife an amount of Rs.40 lakhs (approx) as a gift from them in the succeeding Financial Years (from 2009-10 onwards) to purchase some Gold or property. The same amount shall be utilized by the undersigned for purchase of valuable gifts properties, gold etc.

This is for information please.”

2.2 The then CVO Mr. Prabhat Ranjan Deo asked the applicant for some favour with respect to promotion of a film of his son in the year 2014 which the applicant refused to entertain. Subsequently, the CVO issued a letter dated 11.05.2016 to the applicant pointing out certain documentary irregularities pertaining to payment made by him at the time of acquiring an office space at Mumbai and he was asked to submit the necessary documents. In response to the aforesaid letter, the applicant submitted a reply dated 24.05.2016 informing the CVO that the required documents viz. loan sanction letter, date of disbursement letter from Axis Bank, proof of payment to seller and prior information for acquiring the commercial property at Mumbai had already been submitted by him to P&A Section for information and necessary action at the time of acquiring the property. However, he again submitted the documents. However, the same were not taken into account and the matter was referred to CBI for investigation.

2.3 The applicant again sent a letter dated 26.05.2017 to the respondents explaining the source of income. However, the same