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2025 Supreme(Online)(CAT) 6829
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajveer Singh Verma, J, Kumar Rajesh Chandra, A
Goverdhan Kumar – Appellant
Versus
Union of India through General Manager, East Central Railway – Respondent
OA No.050/00048/2024
For the Appellants/Petitioners: Shri M.P. Dixit
For the Respondents: Shri H.P. Singh
The Tribunal ruled that ongoing disciplinary proceedings must adhere to principles of natural justice and directed their conclusion within 18 months.
Headnote:(A) Railway Servants (Discipline & Appeal) Rules, 1968 - CVC Vigilance Manual 2021 - Chargesheet for misconduct issued against applicant based on alleged violations in procurement processes - Court found that disciplinary proceedings were ongoing and directed conclusion within 18 months while ensuring compliance with the principle of natural justice. (Paras 12 and 13)
(B) Disciplinary Proceedings - The Tribunal noted that it is not appropriate to interfere in ongoing disciplinary proceedings unless there is a clear violation of legal provisions or principles of natural justice. (Paras 11 and 12)
Facts of the case:
The applicant, a Deputy Chief Safety Officer in the East Central Railway, challenged a Major Penalty Chargesheet issued against him based on a vigilance inquiry that he claimed was flawed due to conflict of interest and failure to follow proper procedures.
Findings of Court:
The Tribunal directed the disciplinary authority to conclude the proceedings within 18 months while adhering to due process and natural justice principles.
Issues: The main issues included the validity of the chargesheet, adherence to the CVC Vigilance Manual, and the applicant's right to a fair hearing.
Ratio Decidendi: The court emphasized the importance of following due process in disciplinary proceedings and acknowledged the applicant's rights to defend himself adequately.
Result: OA disposed of with directions to conclude the disciplinary proceedings expeditiously.
| Table of Content |
|---|
| 1. factual background of the applicant's position and allegations. (Para 1 , 2) |
| 2. respondents' defense against the applicant's claims. (Para 3 , 4) |
| 3. court's observations on the validity of proceedings and rights of the applicant. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. court's directive on concluding disciplinary proceedings. (Para 13) |
| 5. final order disposing of the application. (Para 14) |
ORDER
Per:- Rajveer Singh Verma, Member [J]
1. Instant OA has been filed by the applicant for the following reliefs:
“8.1. To quash the Major Penalty Chargesheet issued to the applicant dated 02/08/2023 as contained in Annexure A/1 based on inquiry conducted by ECR vigilance department being null, void, abinitio wrong in view of duty list of CVC Vigilance Manual 2021 and IRS conditions of contract September 2022 version 1.0.
8.2. To direct the respondents to remove the applicant's name from Vigilance records and Secret list recorded on the basis of ECR vigilance inquiry.
8.3. To direct the respondents to grant all consequential benefits including promotions and postings of the applicant against sensitive post and posting on deputation.
8.4. Any other relief/reliefs/orders/directions may be given in favour of the applicant together with Cost of proceeding and Mental harassment and also humiliation and loss of reputation caused to the applicant for the illegal acts of ECR vigilance officials.”
2. The facts of the case of the applicants as narrated in the OA in brief are as follows: -
(i) That the applicant is an officer of Indian Railway Service of Electrical Engineer of 2008 exam batch and is presently posted as Dy. Chief Safety Officer/Electrical in General Manager Office, Hajipur of East Central Railway.
(ii) On 25.06.2018 he took over the charge of Senior Divisional Electrical Engineer/Traction Rolling Stock/Gomoh in electric Loco Shed/Gomoh in Dhanbad Division of EC Railway. He issued an instruction on 27.07.02018 for his subordinate to procure al safety and vital items of electric loco from CLW approved sources and also sent a letter to HQ/ECR on 17.05.2019 to procure rubber items of electric loco from CLW approved sources to stop malpractices in procurement and inspection of materials of Electric locomotives.
(iii) That before taking over the charge of ELS/GMO by the applicant, a firm "M/S Emanuel Enterprises, Fingapara, Kolkata", an unapproved firm, had supplied rubber items in full quantity without compliance of the condition "One advance sample to be got approved before bulk manufacturing”. The material was delivered in full quantity without advance sample approval of the material as mentioned in P.O. and offered the material for inspection in violation of Para 1101 & 1105 of IRS condition of contract. That Shri Surendra Nath, the then AMM/TRS/GMO, who was posted as purchase officer by store department failed to cancel the purchase order after lapse of delivery period in violation of para 0702 of IRS condition of contract and para 445 of Indian Railway Stores Code.
(iv) That delivery of period as requested by the firm has also been extended without asking for the waiver of the clause "One advance sample to be got approved before bulk manufacturing”. As per the applicant since the prescribed procedure/condition of contract was not followed by the firm, purchase order (P.O.) was invalid at the time of delivery, a letter dated 28.08.2018 was sent to the firm for removal of the material and payment was not made.
(v) That since the payment was not made to the firm for delivered material, the firm complained to ECR Vigilance and Electrical Department officials on 22.09.2018 which was in violation of para 2601 (C) regarding claiming rights for breach of contract & para 2903 of IRS condition of contracts regarding remedy of Arbitration for dispute redressal. The preliminary inquiry was done by SDGM/ECR vigilance officials violating the principle of natural Justice as there was evident conflict of interest as per para 1.4 (A), 9.16 & 11.7(c
