CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH, PATNA Reserved on: 18.02.2026 Pronounced on: 24.02.2026 CORAM HON’BLE MR. JUSTICE NARENDRA KUMAR JOHARI, MEMBER (J)

HON’BLE MR. KUMAR RAJESH CHANDRA, MEMBER (A)

Mahboob Alam, son of late Haji Mohammad Shafi, Loco Pilot (Shunter)/New Jalpaiguri under Senior Section Engineer (Loco), N.F.

Railway, Katihar (Bihar)-854105.

…...Applicant.

- By Advocate(s): - Shri M.P. Dixit -Versus-

1. Union of India through the General Manager, North Frontier Railway, Maligaon (Guahati)-781011.

2. The General Manager (Personnel), North Frontier Railway, Maligaon (Guahati)- 781011.

3. The Divisional Railway manager, North Frontier Railway, Katihar (Bihar)-854105.

4. The Additional Divisional Railway Manager, North Frontier Railway, Katihar (Bihar)-854105.

5. The Senior Divisional Mechanical Engineer (I/C), North Frontier Railway, Katihar (Bihar)-854105.

6. The Senior Divisional Personnel Officer, North Frontier Railway, Katihar (Bihar)-854105.

….Respondents.

By Advocate(s) :- Shri Kumar Sachin, ASC O R D E R Per Kumar Rajesh Chandra, A.M.:- This OA has been filed by the applicant seeking the following relief:-

SURYAROOP D D i N g : it a C l = y I N si , g O ne = d "C b E y N S T U R R A Y L A A R D O M O IN P I K S A TR BI ATIVE TRIBUNAL, PATNA BENCH", OU=govt, Phone=4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c09841fe7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER=

20d9f640c92cc412e72af8cc564e5b863168ef75a1eadc65bafc0b4758f5dd33, CN=

KABI S R Lo U e c a R a s Y t o io A n “(i) That your Lordships may graciously be pleased to quash and set aside the impugned Orders dated 17.11.2016 and 07.02.2017 as contained in Annexure-A/7 and A/9 respectively.

(ii) That the Respondents be further directed to restore the pay and status of the Applicant with arrears along with all consequential benefit arising out the said impugned Orders on its quashing.

(b) Any other relief or reliefs including the cost of the proceeding may be allowed in favour of the applicant.”

2. The facts of the case, as narrated by the applicant, leading to filing of this OA are as follows:-

(i) The applicant, while he was working as Loco Pilot (Goods) faced an incident of derailment of goods train that took place on 22.08.2016. For the said derailment one Joint Fact Finding Inquiry Committee of four Members including Shri B.D. Singh, Sr. Divisional Mechanical Engineer (In-charge) have conducted inquiry and submitted their report on 19.09.2016 (Annexure-A/1) in which the applicant was held primarily responsible which, according to the applicant, is totally incorrect, wrong, illegal, ill motivated, unjust and contrary to paragraph 6 (iv) of the said report itself which shows that one Shri Manabendra Banerjee is only responsible.

(ii) On the basis of direction given by the said Fact Finding Committee, the respondent no. 5, namely, Shri B.D. Singh issued major penalty charge sheet on 30.09.2016 (Annexure-A/2). Applicant submitted his reply on 16.10.2016 (Annexure-A/3) denying the allegation. In spite of specific reply of applicant, one Inquiry Officer was appointed on 18.10.2016. Applicant then submitted his written brief on 07.11.2016 (Annexure-A/4). Inquiry Officer submitted his report on the same day, i.e. 07.11.2016 (Annexure-A/5) in which though the IO appreciated the performance of applicant all along as outstanding but gave his finding that he was negligent in duty. The applicant then submitted his reply on 16.11.2016 (Annexure A/6) which clearly proves that he was nowhere responsible.

SURYAROOP D D i N g : it a C l = y I N si , g O ne = d "C b E y N S T U R R A Y L A A R D O M O IN P I K S A TR BI ATIVE TRIBUNAL, PATNA BENCH", OU=govt, Phone=4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c09841fe7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER=

20d9f640c92cc412e72af8cc564e5b863168ef75a1eadc65bafc0b4758f5dd33, CN=

KABI S R Lo U e c a R a s Y t o io A n (iii) The applicant was very much shocked to receive the impugned order dated 17.11.2016 (Annexure-A/7) i