Unexplained inordinate delay in issuing disciplinary chargesheet near retirement, causing prejudice via withheld retiral benefits, warrants quashing despite employee's interim promotions.

ORDER

Per: Mr. Umesh Gajankush, Member (J)

The present O.A. has been filed by the applicant seeking following reliefs:

a) That the Hon'ble Tribunal may be pleased to call for entire record and papers of the case of the Applicant.

b) This Hon'ble Tribunal after verification of entire records and papers of the case & in the light of facts and grounds stated above be pleased to hold and declare that impugned Chargesheet dated 23-9-2017 is false, baseless, incorrect and arbitrary and further be pleased to quash and set aside the same.

c) This Hon'ble Tribunal be pleased to hold and declare that the applicant is innocent and exonerated from all the imputation of misconducts (1 to 9) and Article of Charges leveled/alleged against him and further be pleased to direct the respondent not to take any action on the basis of similar facts and subject matter of the Chargesheet dated 23-9-2017 in future.

d) This Hon'ble Tribunal be pleased to direct the Respondent to grant/release all service benefits after retirement monitory or any other service benefits due to the applicant along with interest @ 18% PA from the date the was due till its realization.

e) Pending the present OA and final decision interim relief in terms of prayer clause 9 stated below be granted.

f) Be pleased to impose heavy cost of this original Application on the Respondents and the same may be awarded in favour of the Applicant.

g) Any other relief.

2. Brief facts of the case as stated by the applicant are that the applicant joined in the service with Western Railway on 21.05.1978, on the post of Gangman. He worked as a Gangman upto August, 1984.

2.1. Thereafter, the applicant was promoted on various other posts in the Railway Administration and was superannuated on 30.09.2017 while working on the post of Deputy Chief Commercial Manager (FM).

2.2. It is stated that his entire service record was absolutely unblemished, clean and without any stigma while performing his duties and responsibilities on various posts for the last 39 years, 4 months and 10 days of entire service in the Western Railway Administration.

2.3. It is submitted that one anonymous complaint no. 2013/10/074/C was filed in the year 2013, alleging defaults in making payment of license fees by few contractors in respect of contract of display of Advertisement hoardings in the Railway’s property.

2.4. On the basis of the aforesaid complaint, the HQ Office at Churchgate, under the signature of Dy. CVO issued a letter no. E/161/2013/01/074/C dated 05.05.2015 to the applicant thereby called upon him to attend the Vigilance Office - at Churchgate on 11.05.2015 at 11 AM for giving explanation/clarification as a part of investigation process on the said anonymous complaint.

2.5. It is submitted that in response to the aforesaid Letter dated 05.05.2015, the applicant attended the office of the Vigilance at Churchgate and replied to the Questionnaire. However, thereafter, no any action of any nature has been initiated against the applicant in respect of the allegations made in the said anonymous complaint and investigation conducted in respect thereof till 24.09.2017.

2.6. The applicant states that in spite of above due to some disgruntled and fraudulent subordinate and higher officers i.e. respondent no. 3 to 6 who are having a personal grudge, jealousy about