(Reserved on 12.12.2025)

Central Administrative Tribunal, Allahabad Original Application No.817 of 2017 Pronounced on this the 19th Day of December, 2025 Hon’ble Mr. Justice Om Prakash VII, Member (J)

Hon’ble Mr. Mohan Pyare, Member (A)

Ramesh Chandra S/o Late Bhagwati Prasad, Aged about 59 years R/o House No.224-A Tularambagh, Allahabad.

………..Applicant By Advocate: Shri Pradeep Kumar Mishra Versus

1. Union of India through The General Manager, North Central Railway, Headquarters Office, Subedarganj, Allahabad.

2. The Chief Medical Director Central Hospital, North Central Railway, Allahabad.

3. The Medical Director, Central Hospital, North Central Railway, Allahabad.

4. The Sr. Divisional Medical Officer (Orthopaedic), Central Hospital, North Central Railway, Allahabad.

5. The Divisional Medical Officer (Orthopaedic), Central Hospital, North Central Railway, Allahabad.

…Respondents By Advocate: Shri Subhash Chandra Mishra

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 Digitally MADHU signed by relief:

KUMARIMADHU KUMARI “8.1 That the Hon'ble Tribunal may graciously be pleased to set aside/quash the major penalty charge sheet dated 4.11.2015 issued by the disciplinary authority, the DMO (Orthopaedic), Central Hospital, NCR, Allahabad, Respondent No. 5 on totally false and fabricated charges by the vigilance and under the pressure of vigilance without any proper application of mind in violation to Rule 9 of the Railway Servants (D&A) Rules, 1968 and Railway Board Orders with all consequential benefits to the applicant.

8.2 That the Hon'ble Tribunal may graciously be pleased to set aside/quash the penalty order dated 29.12.2016 issued by the Sr. DMO, (Orthopaedic). Central Hospital, NCR, Allahabad, the disciplinary authority, Respondents No. 4, imposing penalty of "Removal from Service" upon the applicant being passed under pressure of vigilance without proper application of mind in violation to Rule 9 of the Railway Servants (D&A) Rules, 1968 with all consequential benefits to the applicant. The penalty order is totally cryptic and non-speaking order not sustainable in the eye of law being violative of Articles 14, 16, 21 and

311 of the Constitution of India.

8.3 That the Hon'ble Tribunal may graciously be pleased to set aside/quash the appellate order dated 28.2.2017 passed by the Medical Director, Central Hospital, NCR, Allahabad, Respondent No. 3, rejecting appeal of the applicant against the penalty order without considering any of the facts on record and also as submitted by the applicant in his appeal dated 10.2.2017 with all consequential benefits to the applicant. The appellate order is absolutely cryptic and non-speaking passed in violation to Rule 22 (2) of the Railway Servants (D&A)

Rules, 1968, therefore, not sustainable in the eye of law.

8.4 That the Hon'ble Tribunal may graciously be pleased to direct the Medical Director, Central Hospital, NCR, Allahabad, Respondent No. 3, to reinstate the applicant in Railway Service on the post of X-Ray Attendant w.e.f. 29.12.2016, the date of removal of the applicant from Railway Service with all consequential benefits i.e. salary w.e.f. 29.12.2016, from the date of "Removal from Service" to 31.1.2018, the date of retirement of the applicant and payment of all retrial dues and pensionary benefits to the applicant with interest @ 18% per annum so that the applicant may get justice.

8.5 That the Hon'ble Tribunal may graciously be pleased to allow heavy cost in favour of the applicant.

8.6 That the Hon'ble Tribunal may graciously be pass any other order of direction as may deem fit and proper in the facts and circumstances of the case.”

2. Brief facts of the case are that the applicant was appointed on Digitally

26.05.1976 as Loco Cleaner under the Loco Foreman, Northern MADHU signed by KUMARIMADHU

Railway, Tundla in Allahabad Division. In the year 1996, he was

posted as hospital