CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA R.A. 350/00035/2025 (Arising out of O.A. 350/01230/2025)

Date of Order: 10.11.2025 Present: Hon’ble Ms. Urmita Datta (Sen), Judicial Member Hon’ble Mr. Anindo Majumdar, Administrative Member South Eastern Railway ….. Applicants - Versus -

Raja Pankaj …… Respondents O R D E R [In Circulation]

Per Urmita Datta (Sen), Judicial Member:-

The instant Review Application has been filed by the Applicants /Original Respondents praying to review / withdraw/ Recall/ modify/set aside the Judgement/Order dated 25.08.2025 in O.A. No. 1230/2025 wherein after hearing the Ld. Counsel for both sides and perusing the material available on record this Tribunal has observed as under:

“… Since the balance of convenience is in favour of the applicant, we stay the operation of the punishment of compulsory retirement dated 20.08.2025. The respondents are further directed to allow the applicant to appear provisionally for the interview for the posts of APO and AOM on the condition that the final selection of the applicant for the said post will be subject to the outcome of this O.A.”

2. The brief facts of the case are that the applicant while working as SS/ADTP was directed by Sr. DMO/TATA for periodical medical examination vide CYM/ADTP’s Memo dated 22.05.2019. Earlier the applicant had submitted a declaration that he had undergone Eye surgery in the past to reduce the power and to eliminate the use of spectacle whereas on examination, it was found and confirmed by the Authorized Medial Officer that he had under LASIK surgery in his both eye which is not permitted in Aye two medical category and thus the authorities came to the conclusion that the applicant had tried to mislead the administration by submitting false declaration.

On enquiry, the Disciplinary Authority had imposed a punishment of reduction of pay by (05) five stage below in the same time scale of pay from Rs. 76,500/- to Rs. 66,000/- as per 7th CPC for a period of 05 (five) years in terms of Rule 6(v) of RS (D&A) Rules, 1968 with a further direction that his reduction will have the effect of postponing his future increment of his pay.

The Appellate Authority upon consideration of his appeal dated 18.03.2025 against the Order of Disciplinary Authority, however, disagreed with the findings of the Disciplinary Authority and decided to enhance the punishment to that of Compulsory Retirement from Railway Service which shall not ordinarily be a disqualification for future employment under the Government or Railway Administration in terms of Rule 6(VII) of Railway Servants (D&A) Rules, 1968 and also extending full pensionary benefits in terms of Rule 64 of Railway Service (Pension) Rule, 1993. Pursuant to which a termination Order was issued on 21.08.2025.

In the meanwhile a notification with regard to viva-voce in connection with promotion to Gr. ‘B’ post of AOM & APO against 70% vacancies was issued and the applicant was called to appear in the viva-voce examination scheduled to be held on 25.08.2025. However, since he was compulsorily retired from Railway Service w.e.f. 21.08.2025, the concerned authority could not spare him to attend viva-voce examination.

Being aggrieved, the applicant approached this Tribunal praying for quashing of the Appellate Authority’s Order, Disciplinary Authority Order, Inquiry Report as well the Charge Memorandum dated 06.05.2020 and to allow him to appear in the selection process for the post of APO and AOM against 70% vacancies of Personnel Department and Operating Department as circulated vide Office Order dated

18.07.2025 and 25.08.2025 after reinstating him in service.

After hearing both sides and prima facie being satisfied that the applicant has made out a case for granting interim relief, this Tribunal has passed the aforesaid interim Order dated 25.08.2025 directing the respondents to allow the applicant to appear provisionally for the interview for the post of APO and AOM on the condition that the final sele