Disciplinary inquiry vitiated by lack of evidence proof, improper procedure, and violation of natural justice principles.

(ORDER)

BY JUSTICE OM PRAKASH-VII, MEMBER (J)

The present Original Application has been filed by the applicant under section 19 of the Administrative Tribunal Act, 1985 seeking following reliefs:-

“(i) That this Hon’ble Tribunal be pleased to quash and set aside with all consequential benefits, the impugned punishment order dated 19.06.2013 (Annexure No. A-2 to Compilation No.1) passed by the Senior Divisional Operations Manager, Northern Railway, Moradabad/Disciplinary Authority, imposing upon the applicant the punishment of compulsory retirement from service, as also the impugned appellate order 13.11.2013 (Annexure No. A-2 to Compilation No. I), passed by the Additional Divisional Railway Manager, Northern Railway, Moradabad/Appellate Authority rejecting the applicant’s appeal against the said punishment order.

(ii) That this Hon’ble Tribunal be pleased to grant such other relief, as the applicant might be found entitled to in the facts and circumstances of the case.

(iii) That this Hon’ble Tribunal be pleased to award the costs of this original application in favour of the applicant, throughout”.

2. The brief facts of the case are that while working as Assistant Station Master at Bangarmau under the Moradabad Division, the applicant was served with a minor penalty charge sheet dated 04.12.2009 under Rule 11 of the Railway Servants (Discipline and Appeal) Rules, 1968. Against the aforesaid charge sheet, the applicant submitted a reply/representation dated 10.12.2009, denying each and every allegation levelled against him. After a lapse of 185 days, the said SF-11 charge sheet was cancelled and the applicant was issued a major penalty charge sheet dated 07.06.2010 in Standard Form-5 under Rule 9 of the Railway Servants (Discipline and Appeal) Rules, 1968, on the same set of facts. Thereafter, an Inquiry Officer was appointed, who submitted the inquiry report. Against the said inquiry report, the applicant submitted his detailed representation dated 25.10.2012. However, the Divisional Operations Manager, Northern Railway, Moradabad, without jurisdiction, imposed the penalty of compulsory retirement from service by passing a cryptic and unreasoned order dated 28.12.2012. Aggrieved by the aforesaid punishment order dated 28.12.2012, the applicant preferred a comprehensive appeal dated 28.01.2013. Vide order dated 16.04.2013, the Senior Divisional Operations Manager, Northern Railway, Moradabad, acting as the Appellate Authority, set aside the punishment order dated 28.12.2012 and remanded the matter back to the Disciplinary Authority to proceed afresh in accordance with rules. Senior Divisional Operations Manager, Northern Railway, Moradabad, without considering the grounds raised by the applicant in his reply, again imposed the penalty of compulsory retirement vide order dated 19.06.2013. Aggrieved by the said order of compulsory retirement, the applicant preferred an appeal before the Additional Divisional Railway Manager, Northern Railway, Moradabad. However, the said appeal dated 05.08.2013 was rejected by the designated Appellate Authority, namely the Additional Divisional Railway Manager, Northern Railway, Moradabad. Thus, being aggrieved by the aforesaid impugned orders, the applicant has filed the present Original Application.

3. Per contra, the respondents have filed a counter affidavit stating therein that applicant, while working as Assistant Station Master at Bangarmau, committed serious acts of misconduct on 03.11.2009 and 04.11.2009, affecting safe train operations. It is alleged that the applicant consumed alcohol while on duty, violated prescribed railway safety rules and he allo