CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH JABALPUR Original Application No.203/00631/2018 Bilaspur, this Tuesday, the 6^th day of January, 2026 HON’BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER HON’BLE SMT MALLIKA ARYA, ADMINISTRATIVE MEMBER D. K. MISHRA S/o Shri B. D. Mishra Aged 55 Yrs. Helper-II, Under SSE/Signal, S.E.C.Railway, BHATAPARA - District: Baloda Bazar (Chhattisgarh)

-Applicant (By Advocate – Shri A V Shridhar V e r s u s

1. Union of India, Through: The General Manager, S.E.C.Railway, Bilaspur Zone, Headquarters' Office, BILASPUR- 495004 (CG)

2. The Sr. Divi. Signal and Telecom Engineer S.E.C.Railway, Raipur Division, DRM's Office, RAIPUR - 492004 (Appellate and Revisionary Authority)

3. The Asstt. Divisional Signal & Telecom Engineer, S.E.C. Railway, Raipur Division, DRM's Office, RAIPUR – 492004 (Disciplinary Authority)

- Respondents (By Advocate – Shri Tushar Dhar Diwan)

O R D E R

By Mallika Arya, AM:

Through this Original Application, the applicant is challenging the punishment order dated 16.08.2011/19.09.2011 (Annexure A/21), order dated 7/10.09.2012 (Annexure A/23) & 04.09.2019 (Annexure A/27) passed by Appellate authority and order dated 03.11.2017 (Annexure A/29) passed by revisionary authority.

2. Briefly stating, the facts of the case are that the applicant was appointed on 15.04.1981 in Operating Department. On account of certain misconduct, he was removed from service, but on appeal he was reinstated as Helper-II in S&T department and posted at Gunderdehi Station. On account of baseless complaints from Co-workers and Residents of Railway Colony of Gunderdehi regarding his habit drinking alcohol and causing misbehave, he was transferred and posted at Maroda Station w.e.f. 14.1.2011. Thereafter, a Major Penalty Charge Sheet dated 12.01.2011 (Annexure A/1) issued to him. Without waiting for the Applicant's representation against alleged allegations in the Charge Sheet, the Disciplinary Authority vide Order dated 08.02.2011 appointed Inquiry Officer. The Inquiry Officer vide their Letter dated 10.02.2011 conducted Formal Enquiry on 19.2.2011 over the alleged Complaints. On 17.3.2011 (Annexure A/9). The Inquiry Officer vide their letter dated 10.03.2011 decided to hold a Preliminary Enquiry on 25.03.2011 (Annexure A/10) and accordingly, a Preliminary Enquiry was conducted. The Inquiry Officer submitted his Report and found that no charges stood proved against the Applicant. He submitted the Report to Disciplinary Authority vide letter dated 06.05.2011 (Annexure A/13). On the basis of cross- examination of witnesses, the Inquiry Officer submitted a Formal Inquiry Report on 24.06.2011 (Annexure A/19) wherein he held the charges as not proved against the Applicant. The same was submitted to Disciplinary Authority vide letter dated 05.07.2011 (Annexure A/20). The Disciplinary Authority without disclosing the reasons of disagreement with the findings of the Enquiry Officer vide his Order dated 16.8.2011/19.9.2011 (Annexure A/21) concluded that some charges stood proved against the Applicant and imposed a punishment of Stoppage of Annual Increment for 3 Years with cumulative effect. The Applicant submitted a Statutory Appeal dated 3.11.2011 (Annexure A/22) to Sr. Divisional Signal and Telecom Engineer, SEC/Raipur, Raipur, which was rejected by the Appellate Authority vide letter dated 07/10.9.2012 (Annexure A/23). Thereafter, the applicant submitted a Review Petition on 02.08.2017 (Annexure A/26), which was partially considered by Appellate Authority who modified the Punishment to Withholding the Annual Increment for 2 years with cumulative effect vide order dated 04.09.2017 (Annexure A/27). In view of aforesaid order of Appellate Authority dated 4.9.2017 (Annexure A/27), the Applicant again submitted a Revision Petition dated 23.10.2017 (Annexure A/28) to the Revisionary Authority. The Revisionary Authority vide his letter dated 03.11.2017 (Annexure A/29) corrected the review order of the appellate a