Revisional authority under Rule 25 RS(D&A) Rules must be in direct line of control of charged railway servant; notice by incompetent authority quashed.

ORDER

Per: Sangam Narain Srivastava, Member (A)

The applicant has filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“8.a This Hon'ble Tribunal be pleased to hold and declare that impugned Show Cause Notice bearing No. E/DAR/308/2/08(2022) (MJ-Engg) dated 02.07.2025 issued by Respondent No. 2 under Rule 25 of the Railway Servant (Discipline and Appeal) Rules, 1968 is void ab initio and quash and set aside the same being contrary to Rules, and well settled principle of law.

b. This Hon'ble Tribunal be pleased to direct the Respondent No. 2 to desist from conducting hearing of Review/Revision Proceeding on the basis of impugned Show Cause Notice bearing No. E/DAR/308/2/08(2022) (MJ-Engg) dated 02.07.2025 issued under Rule 25 of the Railway Servant (Discipline and Appeal) Rules, 1968 against the Applicant.

c. Pending the hearing and final disposal of the present Original Application this Hon'ble Tribunal be pleased stay the effect, operation and implementation of impugned Show Cause Notice bearing No. E/DAR/308/2/08(2022) (MJ-Engg) dated 02.07.2025 issued by Respondent No. 1 under Rule 25 of the Railway Servant (Discipline and Appeal) Rules, 1968 and further direct the Respondent No. 2 not to initiate hearing of Review Proceeding against the Applicant during pendency of present Original Application.

d. Interim and ad-interim relief in terms of prayer clause (c).

e. Any other further order in the facts and circumstances of the present case be granted in favor of the Applicants”.

2. The facts of the case are that; the Applicant was recruited in Western Railway in the year 2013 as Senior Section Engineer (Works) and was posted at Rajkot, Gujarat, for initial training and apprenticeship. Applicant served as Senior Section Engineer (Works) at Rajkot, Gujarat, during his initial training for a period of one year. Thereafter, in 2014, he was posted at Churchgate, Mumbai, upon completion of training and apprenticeship. From 2014 to 2022 he continued to be posted at Churchgate, Mumbai. The Applicant further states that even today he is working as Senior Section Engineer (Works), Headquarters, Churchgate, Mumbai.

2.2 The applicant states that on 03rd January, 2022 one Sunil Santu Yadav filed a complaint before the Superintendent of Police, CBI, ACB, Mumbai, alleging that the Applicant, while work- ing as Senior Section Engineer (Works), Headquarters, Churchgate, Mumbai, demanded a bribe of Rs.1,00,000/-. He further states that in support of the said complaint, the complainant relied upon a rough transcription of a recorded telephonic conversation allegedly held between the Applicant and the complainant through WhatsApp calls on 03rd January, 2022 and 05th January, 2022.

2.3 The applicant states that based on these allegations, Respondent Nos. 3 and 4 decided to initiate a Departmental Inquiry against him. Respondent No. 4 issued a charge-sheet bearing No. SF/5 No. E/DAR/308/2/08(2022) (MJ-ENGG) dated 29th December, 2022, and further, Respondent No. 4, being the Disciplinary Authority, vide order dated 10th February, 2023 bearing No. SF/7 No. E/DAR/308/2/08(2022) (MJ-ENGG), appointed an Inquiry Officer to conduct an inquiry into the charge-sheet. The applicant submitted that the Inquiry Officer thereafter conducted hearings and, vide Inquiry Report dated 21st March, 2024 (Annexure A-2), recorded findings holding that Charge No. 1 wa