CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH JABALPUR Original Application No.200/00439/2021 Jabalpur, this Tuesday, the 16^th day of April, 2024 HON’BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER HON’BLE SHRI KUMAR RAJESH CHANDRA, ADMINISTRATIVE MEMBER Mukesh Kumar Sharma, S/o Shri S N Sharma, DOB: 01.01.1973, Occupation: Loco Pilot Goods, R/o Hemu Nagar, Bilaspur 435004 (C.G.)

-Applicant (By Advocate – Ms. Ritika Chauhan, proxy counsel for Shri Anoop Nair)

V e r s u s

1. Union of India, Through its General Manager, South East Central Railway, Head Quarter Bilaspur (C.G.).

2. The Senior Divisional Electrical Engineer (Operating), South East Central Railway, Bilaspur Division, Bilaspur (C.G.). (Disciplinary Authority)

3. The Divisional Railway Manager, South East Central Railway, Bilaspur Division, Bilaspur (C.G.). (Revising Authority)

- Respondents (By Advocate- Shri P K Chaurasiya)

(Date of reserving order: 20.02.2024)

Order By Kumar Rajesh Chandra, AM.

This Original Application has been filed by the applicant against the show cause notice order dated 29.06.2021 (Annexure A/1) issued by DRM as well as the show cause notice dated 20.10.2021 (Annexure A/11) issued by the General Manager whereby suo moto revision has been initiated by the Revising Authority.

2. Briefly, the facts of the case of the applicant are that applicant was initially appointed in the respondent department as Assistant Loco Pilot and was posted at Bilaspur Division in South East Central Railway. Thereafter the applicant was promoted to the post of Loco Pilot Goods. A charge memorandum (Annexure A/2) was served upon the applicant under Rule 9 of the Railway Servants (Disciplinary Appeal) Rules, 1968 to initiate major penalty proceedings. The applicant submitted his written brief and denied the charges vide representation dated 20.12.2018 (Annexure A/3). The Inquiry Officer conducted the inquiry wherein the charges levelled against the Applicant were held to be proved. Subsequently, the copy of the Inquiry report was supplied to the Applicant vide letter dated 31.12.2018 (Annexure A/4) and the Applicant was directed to submit his final defence brief within 10 days before the Disciplinary Authority. The Applicant submitted his final defence brief before the Disciplinary authority. The Disciplinary Authority passed the order of punishment (Annexure A/6) whereby a major penalty of reduction of pay from Rs.70,000/- to the initial stage of Rs. 34,500/- in 7th CPC Level 6 for a period of five years with immediate effect was imposed upon the Applicant. The order further stated that the aforesaid punishment shall not operate to postpone the future increments. A show-cause notice (Annexure A/1) was issued to the Applicant by the Divisional Railway Manager whereby in suo motu exercise of power under Rule 25 of Railway Servants (Disciplinary & Appeal) Rules, 1968, the Revising Authority took a decision to revise and enhance the punishment imposed upon the Applicant by the Disciplinary authority to removal from service. That against the show cause notice dated 29.06.2021, the Applicant filed the present Original Application wherein vide interim order dated 14.07.2021, this Tribunal directed the Applicant to submit a representation before the Respondent authorities and further directed the Revising Authority to pass a detailed order covering all the points raised in the representation regarding competence and limitation. In compliance of the order of this Tribunal, the Applicant preferred a detailed representation before the Respondent authority whereby the applicant raised the objection that as per Rule 25(5) of Railway Servants (Disciplinary & Appeal) Rules, 1968, the Revising authority (DRM) has become functuous officio and cannot conduct suo motu revision after six months. The representation of the applicant was decided by the respondents in compliance of the order of this Tribunal and further, vide order dated 23.08.2021, the show-cause notice dated 29.06.2021 wa