Judicial review in disciplinary matters is limited to process legality; evidence evaluation remains within the disciplinary authority's purview.

ORDER

By Justice Rajiv Joshi, Member (Judicial):-

Heard Shri Satish Dwivedi, learned counsel for the applicant and Shri Bablu Singh, learned counsel for the respondents at the time of hearing of the case.

2. The instant Original Application under Section 19 of the Central Administrative Tribunal Act, 1985 has been filed for the following reliefs:

8 (i) That the order dated 17.03.2008 passed by the Divisional Commercial Manager, NCR, Allahabad (Annexure no. A-1) and order dated 21.04.2009, passed by Sr. Divisional Commercial Manager, NCR, Allahabad (Annexure no. A-2) be declared illegal and same be quashed and respondents be directed to reinstate the service with all the applicant in consequential benefits attached to the post.

(ii) That the respondent no. 2 be directed to pass appropriate order on the revision dated 12.05.2009, within specified period.

(iii) That any other and further relief which this Hon’ble Tribunal may deem fit and proper be also awarded to the applicant.

3. The brief facts as stated in Original Application is that the applicant was appointed on the post of Ticket Collector in the Railways w.e.f. 14.05.1986. A charge sheet dated 21.10.2005 was issued against the applicant in which, the charges of negligence of duty, unauthorized absence without giving information and the charge of violation of the provisions contained in Rule- 3(1)(i), (ii) and (iii) were levelled against the applicant. The applicant demanded copy of documents and statement of witnesses by letter dated 11.08.2007, but the same was not provided. Thereafter on 16.01.2008, the applicant submitted defence statement before the inquiry officer and denied the charges leveled against him.

3.1 On 24.01.2008, the applicant submitted his written brief in his defence before the inquiry officer and the same was received by the inquiry officer on 01.02.2008. The inquiry officer without appreciating and considering the entire defence statement and written brief and without following the provision contained Rule 9 and 10 of the Railway Servant Discipline Rules submitted inquiry report dated 05.02.2008.

3.2 In view thereof, the applicant submitted representation dated 24.2.2008 against the finding recorded by the inquiry officer before the disciplinary authority which was received on 11.3.2008. However, the Disciplinary Authority vide order dated 17.03.2008 imposed punishment of removal from service against the applicant.

3.3 Against which, the applicant submitted departmental appeal dated 18.04.2005 before the Sr. Divisional Commercial Manager, NCR Allahabad, but the Appellate Authority rejected the appeal vide order dated 21.4.2009.

3.4 Against which, the applicant submitted a revision petition dated 12.05.2009 before the General Manager, but the same has not been decided till date. Hence, this Original Application has been filed.

4 On the other hand, counter reply has been filed from the side of the respondents on 29.11.2021, wherein it has been stated that the applicant failed to attend the office even after issuance of charge- sheet and as such, Chief Inspector of Ticket, Allahabad was directed to paste a copy of charge-sheet in the office and also serve the charge- sheet on the residence of the applicant through special messenger on 30.03.2006 on his residential address. The applicant failed to submit reply to the charge-sheet. Therefore, Inquiry Officer was appointed vide order dated 30.05.2006, which was also served to t