Disciplinary action must adhere to principles of natural justice; vague charges necessitate a proper inquiry, and appellate decisions require thorough reasoning.

ORDER

Per Hon’ble Mr. Suchitto Kumar Das, Administrative Member :

1. The applicant has filed this Original Application under Section 19 of the Administrative Tribunal Act, 1985 , praying for the following relief(s):

“(a) To set aside and quash impugned Show Cause Notice No. EL(OP) /1122/show cause/25/34 dated 03.01.2025 issued by Sr. Divisional Electrical Engineer(OP), Eastern Railway, Malda.

b) To set aside and quash impugned Charge Memorandum No. EL(OP)/1122/11/04/2025/181 dated 22.01.2025 issued by Sr. Divisional Electrical Engineer (OP), Eastern Railway, Malda.

c) To set aside and quash impugned Punishment Order No. EL(OP) /1122/11/04/2025 dated 22.03.2025 issued by Sr. Divisional Electrical Engineer (OP), Eastern Railway, Malda.

d) To set aside and quash impugned Speaking Order dated 27.08.2025 issued by the Appellate Authority and ADRM/ER/Malda as communicated vide letter dated 28.08.2025.

e) To direct the respondents to allow the applicant to draw regular yearly increment which has been stopped vide punishment order dated 22.03.2025 with all consequential benefits.

f) Any other order or orders as the Hon'ble Tribunal deems fit and proper.”

2. Facts as narrated by the applicant are as follows:

The applicant is working as Chief Loco Inspector under the immediate control of Sr. DEE(OP), Eastern Railway, Malda. A Show Cause Notice dated 03.01.2025 was issued against the applicant asking him to give explanation with reasons for his action of using un-parliamentary language in CLI roster MLDT Whatsapp group. Applicant vide letter dated 19.01.2025, denied and disputed the allegation and submitted a detailed reply against the said show cause notice. A Charge Memorandum dated 22.01.2025 was issued against him on alleged ground of misconduct as highlighted in the said Charge Memorandum. Applicant submitted a letter dated 09.02.2025 denying and disputing the allegation levelled against him and also asked for certain information and documents so as to give a proper defense reply to the said memorandum. Applicant states that without providing him with the documents and information as asked for vide letter dated 09.02.2025, a punishment order dated 22.03.2025 was issued against him. Order dated 22.03.2025 reads as under:-

"Reduction to Lower Stage in the time scale of pay by one (01) stage for a period of three (03) years without cumulative effect."

Applicant submitted an appeal dated 20.05.2025 before the Appellate Authority which has been rejected vide Appellate Order dated 27.08.2025. Hence this OA.

3. Ld. Counsel for the applicant submits that the allegation as levelled against the applicant vide Charge Memorandum dated 22.01.2025 is factual in nature. The nature and kind of un-parliamentary language as alleged to have been used by the applicant in the show cause notice dated 03.01.2025 as well as Charge Memorandum dated 22.01.2025 has not been specifically highlighted in the Charge Memorandum. No relied upon documents and / or witnesses has been relied upon in the Charge Sheet to substantiate and / or prove the allegation as levelled against the applicant. No complaint has been relied upon in the Charge Memorandum to prove the charges against the applicant. In absence of any specific words termed as un-parliamentary in the Charge Memorandum, the charges are considered to be vague and hence the Charge Sheet should be withdrawn. When the charges are factual in nature, an inquiry ought to have been conducted to substantiate the charges as levelled against the Charged Officer but the same has not been done in the instant case in violation of the judgement of the Hon'ble Supreme Court in O.K. Bhardwaj Vs. Union of India & Ors. 2002 SCC (L&S) 188.

Ld. Counsel for the applicant s