CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH: NEW DELHI O.A. No. 625/2016 Reserved on: 02.12.2025 Pronounced on: 11.12.2025 Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Anand S. Khati, Member (A)

Nitin aged about 24 years, Son of late Shri Gopi Chand, Lastly App. Techn. III/OHE/NUR, Delhi Division, Northern Railway, Resident of 1036, Pana Paposiyan, Narela, Delhi – 110040.

…Applicant (By Advocate: Mr. Sachin Chauhan)

Versus

1. Union of India through, The General Manager, Northern Railway, HQ Office, Baroda House, New Delhi – 01.

2. The Divisional Railway Manager, Northern Railway, State Entry Road, New Delhi – 1199052.

…Respondents (By Advocate: Mr. R. S. Rana)

ORDER Hon’ble Mr. Manish Garg, Member (J) :

By way of the present O.A. the applicant has prayed for the following reliefs:-

"8.1 To quash and set-aside the order dated 30.1.2013 whereby the service of applicant to the post of Apprentice Skilled Artisan Elect. TRO/OHE has been terminated and order dated 21.5.2015 & 12.8.2015 whereby the grievance of applicant regarding reinstatement in service has been rejected and to further direct the respondent that applicant be reinstate back as Apprentice Skilled Artisan Elect. TRO/OHE and after completion of training/apprenticeship, the applicant be given appointment to the post of Grade Skilled Artisan with all consequential benefits including seniority & promotion and pay & allowances.

And/or Any other relief which this Hon'ble Court deems fit and proper may also awarded to the applicant.”

2. Learned counsel for the applicant highlighted the termination order dated 30.01.2013, though signed on

21.02.2013, which reads as under:-

"You were engaged as App. Tech.-III vide this office letter of even No. dated 01.12.2009, subject to the fulfillment of the terms and Conditions stipulated in your appointment as Apprentice Tech. III, your apprentice period was for three years from 02.12.2009 to 01.12.2012 as informed by Sr. DEE/TRD vide L.No. 230-Elect/TRD/13/1/13 dated-16.10.2012. You have been taken into Police custody by SHO/Alipur w.e.f. 03.09.2011 during the course of employment as Apprentice Tech-III and are still under Police custody due to registration of FIR No. 305 dated 01.09.2011 under Section 302/2011/1208/34 of IPC as advise by Sr.DEE/TRD vide letter dated

16.10.2012 cited above.

Your engagement as Apprentice Tech.-III/TRD/OHE has been terminated in terms of para V of your engagement letter No. 729E/64/960/P-3 dated 01.12.2009, as it has not been deemed fit to continue your engagement as Apprentice Tech.-III/TRD/OHE"

2.1. Learned counsel for the applicant stated that termination order is stigmatic in nature.

2.2. Learned counsel for the applicant submitted that the representation of the applicant dated 09.03.2015 for re- employment/reinstatement into Railway Services has not been acceded to and rejected by the respondents vide order dated 21.05.2015, which reads as under:-

"In the matter of subject cited above, it is informed that your request for re-employment /reinstatement into Railway Services has been regretted by the competent authority after the due consideration of the same."

2.3. Learned counsel for the applicant submitted that the aforesaid order dated 21.05.2015 is the subject matter of controversy in the present matter.

2.4. Learned counsel relied upon the order of acquittal passed by the Competent Court on 08.05.2015. Further, in support of applicant’s case, learned counsel relied and placed on record a copy of the following orders:

(i). O.A. No. 4020/2018 titled Mohit Kumar Chaudhary vs.

GNCTD, decided by this Tribunal.

(ii). W.P. (C) No. 10385/2021 titled Nina Lath Gupta vs.

UOI and anr., decided by the Hon’ble High Court of Delhi.

(iii). W.P. (C) No. 12696/2023 titled GNCTD and ors. Vs.

Virender, decided by the Hon’ble High Court of Delhi.

(iv). O.A. No. 1319/2021 titled Satyender vs. GNCTD and ors. decided by the Hon’ble High Court of Delhi.

(v). O.A. No. 1529/2022 titled Ravinder vs. GNCTD and ors., decided by this Tribunal.

3. O