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2025 Supreme(Online)(CAT) 14998

CENTRAL ADMINISTRATIVE TRIBUNAL
Mukesh Kumar Bavariya – Appellant
Versus
M/o Railways – Respondent
O.A./979/2018



Reserved CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH JABALPUR Original Application No.200/00979/2018 Jabalpur, this Wednesday, the 10th day of December, 2025 HON’BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER HON’BLE MS MALLIKA ARYA, ADMINISTRATIVE MEMBER Mukesh Kumar Bavariya Age 38 years S/o Hukumchand Bavariya, Occupation Unemployed R/o Pipal Mohalla, Near Masjid, At Itarsi, Dist. Hoshangabad (M.P.) Pin Code No. 461 111 - Applicant (By Advocate –Shri K.N.Pethia)

V e r s u s

1. General Manager, West Central Railway, Bhopal (M.P.) Pin Code: 462010

2. Divisional Railway Manager (Personnel), RAJUDigitaly signed by RAJUL NAMDEOWest Central Railway, DRM Office, DN: C=IN, O=Personal, PostalCode=482004, L=Jabalpur, S=Madhya Pradesh, STREET="

L 3 A P 8 n ra 5 d d 0 h e , u s S w h h a I u , n b J d h a ia a b s a 4 h l 8 p 2 N u 0 r a 0 M g 4 a a " r , d A T h a = y d a 9 h 1 a 3 r 6 ta , l, Bhopal (M.P.) Pin Code: 462010 Phone=

e125d5860c1f7a1e0a12bbccc5e95 NAMD

0 2 e 2 1 a 0 3 8 4 0 e 8 f c e c 6 , f 0 d S d 5 E 7 2 R 7 6 9 I 4 A 5 4 L 9 d N 1 c 2 U b c 3 M 0 0 1 B a 8 E f6 8 R 2 2 = 0 2 f f 1 a 9 c c 8 1 6 8 d d 3

39662134c765dec84aec2c142b41c

6 C e N 6 = 0 R 9 A , E JU =c L h N iy A a M pa D ri E 3 O @gmail.com, 3. Divisional Railway Manager (Commercial), EO R do e c a u s m on e : n I t am the author of this Location:

D Fo a x te it : P 2 D 02 F 5 R .1 e 2 a . d 1 e 2 r 1 V 6 e :1 rs 0 i : o 4 n 8 : + 2 0 0 5 2 '3 4 0 .3 ' .0West Central Railway, DRM Office, Bhopal (M.P.) Pin Code: 462010 - Respondents (By Advocate –Shri S.K.Patel proxy counsel for Shri A.P.Khare)

O R D E R BY JUSTICE AKHIL KUMAR SRIVASTAVA, JM:-

The applicant by way of filing this Original Application is challenging the impugned action of the respondents in rejecting the candidature of the applicant on the ground of suppression of facts.

2. The facts of the case is that the father of the applicant died in harness on 30.07.2012 during his service under the respondents. The applicant submitted an application for compassionate appointment after the death of his father. The applicant was accordingly selected for appointment on compassionate grounds. The applicant was called for completing formalities for appointment in railway services. After completion of formalities suddenly the applicant has been denied the compassionate appointment on the ground that some punishable offences were registered against the applicant under section 294, 323, 325, 506-B r/w 34 of IPC and applicant suppressed the same in his application. But since the applicant got acquittal from the cases, therefore, the information was not disclosed by the applicant in the form. The RAJUDigitaly signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode=482004, L=Jabalpur, S=Madhya Pradesh, STREET="

L 3 A P 8 n ra 5 d d 0 h e , u s S w h h a I u , n b J d h a ia a b s a 4 h l 8 p 2 N u 0 r a 0 M g 4 a a " r , d A T h a = y d a 9 h 1 a 3 r 6 ta , l, compassionate appointment has not been given to the applicant and the Phone=

e125d5860c1f7a1e0a12bbccc5e95 0204860d7795912c018822fac86d3 NAMD2 e 1 a 3 8 0 e f c e c , f d S 5 E 2 R 6 I 4 A 4 L d N c U b3 M 0 B a E f6 R 2 =

0f19c18d

39662134c765dec84aec2c142b41c 6e609, E=chiyapari3@gmail.com, EO C R do N e c a = u s R m o A n e J : n U I t a L m N A th M e D a E ut O hor of this same has been rejected vide impugned order dated 27.02.2017. The Location:

Date: 2025.12.12 16:10:48+05'30' Foxit PDF Reader Version: 2024.3.0 applicant submitted application for reviewing the impugned order dated 10.03.2017. Applicant sent a legal notice dated 18.05.2017 through his counsel. The respondents vide order dated 20.07.2018 communicated that his application for compassionate appointment cannot be considered due to suppression of material facts in his attestation form.

3. Per contra, the respondents have filed their reply wherein it has been submitted that as per rule 101 of Indian Railway Establishment Manual Volume-1 (Revised Edition 1989) "The appointing authority should sa

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