Reserved (On 05.01.2026)

CENTRAL ADMINISTRATIVE TRIBUNAL JABALPUR BENCH (Circuit Sitting at Bilaspur)

Dated : This the 25^th day of February _ 2026 Hon’ble Mr. Justice Akhil Kumar Srivastava, Member (J)

Hon’ble Ms. Mallika Arya, Member (A)

Original Application No. 203/32 of 2022 L.V. Kachhap s/o Late S Kachhap aged about 38 years presently working as Sr. CC /PSRS/SDG//SECR/SJQ R/o Tarbahar Indira Naka District Bilaspur Chhattisgarh 495004.

…….Applicant By Adv: Shri A.V. Shridhar V E R S U S

1. Union of India through- General Manager, South East Central Railway, New GM Building, Bilaspur, Chhattisgarh – 495004.

2. Additional Divisional Railway Manager, South East Central Railway, Bilaspur, Chhattisgarh 495004.

3. Sr. Divisional Commercial Manager, Bilaspur Division, South East Central Railway, Bilaspur (CG) 495004.

4. Divisional Commercial Manager, Bilaspur Division, South PIYUPIYU East Central Railway, Bilaspur (C.G) 495004.

DRADRA ……..Respondents By Adv: Shri Tushar Dhar Diwan

O R D E R

By Ms. Mallika Arya, AM By way of this OA the applicant is challenging the order dated 10.06.2021 (Annexure A-1) whereby the Revisionary Authority has partly allowed the revision petition and has reduced the punishment imposed on him by three stages i.e. from Rs. 31900/- to Rs. 29200/- for a period of four years with immediate effect and the punishment will have the impact to postpone the future increment of pay. The applicant is challenging the order of the Disciplinary Authority dated 13.12.2018 (Annexure A-2) wherein the punishment of reduction by three states i.e. from Rs. 31900/- to Rs. 29200/- for a period of five years was imposed with cumulative effect. The applicant submits that the Appellate Authority vide order dated 26.05.2020 (Annexure A-3) has exercised his discretion and decided the representation for modification of the order of imposition of punishment in light of acquittal of the applicant in the Criminal Court. 2. The allegation against the applicant was as per the charge memorandum dated 16.03.2015 (Annexure A-4) was that while PIYUPIYU working as PRS/SKT on 29.10.2014 the applicant obliged the touts SH SH by issuing four PNR tickets and accepted Rs. 800/- as illegal money. Thereafter an offence was registered bearing No. 1942/2014 dated 29.10.2014 U/s 143 of the Railway Act. An inquiry was conducted and the inquiry report (Annexure A-5) was submitted by the Inquiry Officer. A copy of inquiry report has been supplied to him to submit his defence brief. The applicant submitted his defence brief on 08.06.2018 (Annexure A-6). The Disciplinary Authority imposed the punishment vide the impugned order dated 13.12.2018 (Annexure A-2). This was subsequently confirmed by Respondent No. 3 vide order dated 26.05.2020 (Annexure A-3). The Special Railway Magistrate vide judgment dated 26.11.2018 (Annexure A-7) acquitted the applicant from charges under Section 143 of the Railway Act 1986. The applicant preferred a representation dated 07.02.2020 (Annexure A-8) before the respondent authorities. Respondent No. 3 confirmed the impugned order vide letter dated 05.08.2000 (Annexure A-9). The applicant preferred an appeal vide his letter dated 05.08.2020. This was decided by the Revisionary Authority vide order dated 10.06.2021 (Annexure A-1). He modified the order of punishment imposed by the Disciplinary Authority.

3. The main ground of challenge by the applicant is in terms of para 18 of the Master Circular No. 67 which reads as under:-

PIYUPIYU "There is no bar to initiation and conclusion of departmental SH SH CHANCHAN action simultaneous with criminal proceedings on the DRADRA same/similar charges. The ingredients of misconduct for departmental proceedings would be different from those of the offence with which the person is charged in the criminal proceedings. The standard of proof required and the nature of evidence admitted are also different in the two proceedings. The departmental proceedings should continue independently unless they are staye