Disciplinary proceedings must follow statutory procedures, and penalties can be upheld unless found arbitrary or in violation of principles of natural justice.

ORDER

By Hon’ble Mr. Mohan Pyare, Member (A)

Present Original Application has been filed under Section 19 of the Administrative Tribunals Act , 1985, seeking the following relief:

“8.1 That the Hon’ble Tribunal may graciously be pleased to set-aside/quash Penalty Order dated 25-05-2005 passed by the Divisional Commercial Manager, North Eastern Railway, Varanasi (Respondent No.4) imposed penalty of ‘Reduction in rank from pay scale Rs.4000-6000, basic pay Rs.4200/- to pay scale Rs.3200-4900 with basic pay Rs. 3200/- for four years permanently with cumulative effect” being passed by the incompetent authority in gross violation to the statutory rules and also in violation to the principles of natural justice as well.

8.2 That the Hon’ble Tribunal may graciously be pleased to set-aside/quash the Revisionary Order dated 01-10-2009 passed by the Additional Divisional Railway Manager, North Eastern Railway, Varanasi (Respondent No.2), upholding the penalty as imposed by the Disciplinary Authority vide order dated 25-05-2005 being in violation to the order of the Hon’ble CAT dated 27-07-2009 in O.A. No.317 of 2007 and in violation to the statutory rules and principles of natural justice as well.

8.3 The Hon’ble Tribunal may graciously be pleased to allow all the consequential benefits to the Applicant in this matter.

8.4 That the Hon’ble Tribunal may graciously be pleased to allow cost in favour of the Applicant as he has been dragged again to this Hon’ble Tribunal on account of illegal action and illegal impugned orders as well in violation to the statutory rules and Hon’ble CAT orders as well.

8.5 That the Hon’ble Tribunal may graciously be pleased to pass any other order or direction as may deem fit and proper in the facts and circumstances of the case.”

2. The present Application is made against the Memorandum of Charges for Major Penalty (SF-5) issued to the applicant vide letter dated 14-01-2002 issued by the Divisional Commercial Manager, N.E.Railway, Varanasi, the Disciplinary Authority, Respondent No. 4; Penalty Order issued by the Divisional Commercial Manager, N.E.Railway, Varanasi, the Disciplinary Authority, Respondent No. 4, vide letter dated 25-05-2005 imposing penalty of "Reduction in rank from pay scale Rs. 4000-6000, basic pay Rs. 4200/- to pay scale Rs. 3200-4900 at basic pay Rs. 3200/- for four years permanently" and Revisionary Order issued vide letter dated 01-10-2009 by the Additional Divisional Railway Manager, N.E. Railway, Varanasi, the Revisionary Authority, Respondent No. 2, as passed in compliance with this Tribunal’s order dated 27-07-2009 in O.A. No. 317 of 2007 Ravi Pratap Pandey Vs. Union of India & others.

3. Brief facts of this case as narrated in the O.A. are that on 25-12-2000, when the applicant was performing duty on Booking Counter at Belthara Road Railway Station, a broken bundle of 18 Second Class Passenger Tickets and one bundle of 101 Second Class Passenger Tickets from Belthara Road to Deoria Sadar were found missing from the Tube (Tickets Almirah). The Applicant searched the missing bundles of Tickets and after his search when the Tickets could not be traced out, he immediately informed about the missing Tickets to the Coaching Superintendent, Belthara Road Railway Station on duty. The Coaching Superintendent first tried his best to search out the missing Tickets and when h