Disciplinary inquiry vitiated without Presenting Officer; Inquiry Officer cannot play dual role, violating natural justice principles.

O R D E R

1.Per: Kumar Rajesh Chandra, Administrative Member The Applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:

“8.1 That your Lordships may graciously be pleased to quash and set aside the impugned Order of Removal from Service dated 04.09.2017 together with Appellate Order dated 18.10.2017 communicated through the letter dated 13.11.2017 as contained in Annexure-A/1 & A/2 respectively alongwith Charge Memorandum dated 20.04.2017 as contained in Annexure-A/3 together with the so called Inquiry Report as mentioned in the impugned order dated 04.09.2017 as contained in Annexure-A/1. 8.2 That Your Lordships may further be pleased to direct/ command the respondents to reinstate the applicant in service from 06.09.2017 to the date of actual retirement and pay the arrears of salary along with statutory interest.

8.3 That Your Lordships may further graciously be pleased to direct/ command the respondents to accord/pay the entire pensionary benefits including pension, commutated value of pension, death cum retirement gratuity, leave encashment etc. from the date of his normal retirement alongwith arrear and interest thereupon.

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

2. For the sake of clarity, facts in the case as stated by the applicant in the OA, are delineated and discussed herein under:-

The applicant was initially appointed as Safaiwala (Group-D) on 25.09.1975. The applicant was serving as Blacksmith Grade-I/Master Craftsman in Pay Band ₹9300–34800 with Grade Pay ₹4200 under the Senior Section Engineer (C&W), East Central Railway, Gomoh, and has been removed from service with effect from 06.09.2017.

While working on the aforesaid post, the applicant was served with a Charge Memorandum dated 20.04.2017 under Rule 9 of the Railway Servants (Discipline & Appeal) Rules, 1968 alleging submission of a fake School Transfer Certificate and manipulation of date of birth. The applicant submitted a detailed reply dated 28.04.2017 denying all allegations and specifically stating that he never submitted any matriculation certificate and had only submitted a School Leaving Certificate showing his date of birth as 25.09.1957, which has been procured by his father.

Despite the said reply, an Inquiry Officer was appointed and the inquiry was initiated. The Applicant participated initially but subsequently fell seriously ill on 13.06.2017 and informed the authorities through letters dated 15.06.2017 and 03.07.2017. Despite such intimation, the Inquiry Officer proceeded ex parte without granting reasonable opportunity and ignored repeated requests for adjournment. The applicant submitted several representations seeking adjournment and also prayed for change of Inquiry Officer on grounds of bias; however, no effective order was passed on such representations.

The Inquiry Officer concluded the inquiry ex parte and submitted the Inquiry Report on 25.07.2017 wrongly holding the charges proved. The applicant was never supplied with a copy of the Inquiry Report nor given any opportunity to submit his representation against the findings. Disciplinary Authority passed the impugned Order of Removal dated 04.09.2017, effective from 06.09.2017, without furnishing the Inquiry Report to the Applicant.

The applicant was declared medically fit on 06.09.2017 and his Controlling Authority even recommended acceptance of his joining on the same date; however, the same was not considered. The applicant was due to superannuate on 30.09.2017, i.e., within 24 days of the impugned removal order. He preferred an appeal against the remo