The removal of an employee from service must adhere to principles of natural justice and proper inquiry procedures as mandated by the Constitution.

ORDER

Per Justice Narendra Kumar Johari, Member (J) :-

Present OA has been filed by the applicant for the following relief:-

“(1. To quash the Letter No-687 dated 20.8.2016 contained in Annexure- A-9 as well as Letter No- 5/1-5/settlement/Singh dated 28.9.2016 contained in Annexure- 10 of the application which was passed against the Article- 14, 21 and 311(2) of the Constitution of India and in violation of Rules of natural justice.

ii. To reinstate the service of the applicant with effect from the date of removal from service i.e. 3-10-2016 with all consequential benefits.

iii. To direct the respondent not to file any criminal case against the applicant on the basis of ex parte decision taken by the respondent.

iv. To quash the order of recovery of amount contained in Annexure- A-9 and A-10 which was paid on account of work discharged on duty.

i. To grant any other relief or reliefs to which the applicant is entitled in accordance with law.”

2. The factual matrix as argued by learned counsel for the applicant is that father of the applicant was a railway employee and he was posted on the post of Trackman. He was voluntarily retired on 30.06.2015.

3. It has further been stated by the applicant that under LARSGESS scheme, the railway authority-initiated process for the appointment of ward of railway employee on account of their voluntarily retirement. Accordingly, father of the applicant proposed for appointment of his son on any post under the LARSGESS scheme. The father of the applicant was informed by letter dated 24.02.2015 (Annexure-A/1) issued by Asst. Divisional Engineer, Chhapra intimating that Chhan Examination is going to be conducted on 02.03.2015 in the office of D.R.M (Personal), Varanasi and directed his son to reach there along with photographs and relevant educational certificates etc. Applicant appeared in the examination on scheduled date and he was declared successful vide list dated 27.03.2015 of successful candidates (Annexure-A/2). The name of the applicant figured at Sl. No.55 for the post of Trackman. Thereafter, medical examination for fitness of applicant was directed to be conducted as per Annexure-A/3. Applicant was submitted required certificates/documents as demanded by the respondents on 05.05.2015 as per Annexure-A/4. Applicant was declared medically fit on 06.05.2015 (Annexure-A/5). After completing all the formalities applicant was recommended for appointment under LARSGESS and his name was forwarded for further action vide Letter No.5/1-5/Set/Singwalia dated 27.06.2015 issued by Assistant Divisional Engineer, Chhapra (Annexure-A/6).

4. It has been further stated by the applicant that vide office order No. 44/15 DRM (Per), Varanasi dated 1.7.2015 issued by Assistant Divisional Engineer, Chhapra, the applicant was appointed on the post of Track maintainer- IV and he was found fit for A-3 post. The name of the applicant appeared at serial No- 9 of the list. He was posted at Singhwalia. (Annexure-A/7). Applicant submitted his joining on 02.07.2015 to the Senior Section Engineer, P.Ve, N.E. Railway, Singhwalia (Annexure-A/8).

5. It has been further stated by the applicant that vide Letter No. 687 dated 20.8.16, (Annexure-A/10) the Asst. Divisional Engineer, Chhapra informed to C. Section Engineer P.ve, N.E Railway Singhwalia that Transfer Certificate issued by Government Madhya Vidyalaya. Jhajhwa was verified by District Education Officer, Gopalganj and the same was declared to be forged by the Headmaster of the school, accordingly the applic