Total violation of vigilance trap guidelines, biased inquiry without Presenting Officer, and improper evidence appreciation vitiate disciplinary proceedings despite non-binding nature of manuals, warranting remand for reasoned revisional review.

ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this Original Application, the applicant is seeking the following relief:

“This Hon'ble Tribunal may be pleased to set aside the impugned Order Nos. N/CON/SC/C/SF-V/10/10 dated 29.01.2014 issued by the R-3 herein imposing the penalty of Compulsory Retirement on the applicant and Appeallate Authority order No. SCR/P-NED/433 /DAR-Comm/TSR dated 07.11.2014 issued by the R-2 as illegal, arbitrary and clear violation of the provisions of the para 2429 of Indian Railway Commercial Manual, Volume-II and Provisions of the Railway Servants (D&A) Rules, 1968 and also violation of the applicants fundamental rights guaranteed under Article 14, 16, &21 of the Constitution of India and allow the O.A with all Consequential benefits.”

2. The brief facts of the case are that the applicant while working as Chief Booking Clerk in Hyderabad Railway Station was involved in a decoy check conducted by the vigilance branch of the S.C. Railway on 10.06.2010 and basing on the check the applicant was placed under suspension which was later revoked and the applicant was transferred to Nanded Division on Inter Divisional Transfer. The applicant was served with a charge memo dated 19.07.2010 for imposition of major penalty. The applicant submitted reply to the charge memo denying the allegations upon which an ex Vigilance Inspector functioning under the roof of Vigilance Organization in the guise of Enquiry Inspector was appointed to inquire into the charges. The Inquiry Officer conducted the inquiry in a partisan manner and he was succeeded by another Vigilance Inspector as Inquiry officer. However, the Inquiry Officer in his report dated 20.11.2013 held all the charges as proved. The Disciplinary authority imposed the penalty of Compulsory Retirement on the applicant by order dated: 29.01.2014. The applicant preferred appeal dated 26.03.2014 to the Respondent No.2 duly bringing all the points raised by him in his defense brief and in the representation against the inquiry report, but the Appellate Authority confirmed the penalty imposed by the Disciplinary Authority through a non-speaking order dated 07.11.2014 by rejecting the appeal of the applicant. Being aggrieved by the same, the applicant approached this Tribunal and filed the present O.A.

3. After notice, the respondents have appeared through their counsel, filed a detailed reply and opposed the relief on the ground that the applicant was involved in the malpractice of collecting the extra amount by the passenger while issuing General tickets in the Booking office and, a test check was conducted on 10.06.2010 to verify the veracity of the source information. During the test check, it was found that the applicant had demanded and collected Rs.600/- against the actual fare of Rs.595/- for issuance of the tickets ex Hyderabad – Nagpur for 4 adults and 1 child from the decoy passenger. The whole transaction was witnessed by independent witness. During the Departmental test check, it was also found that there is an excess amount of Rs.304/- in excess amount collected by the applicant towards the Railway Revenue. Accordingly, for the said misconduct of the applicant, a charge sheet was issued and inquiry was conducted. After the submission of report submitted by the Inquiry Officer, the Disciplinary Authority imposed the penalty of Compulsory Retirement. Aggrieved by the penalty imposed by the Disciplinary Authority, the applicant preferred an appeal to the 2^nd respondent. The 2^nd respondent after giving reasonable opportunity of personal hearing to the applican