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O.A. No. 050/00123/2019

CENTRAL ADMINISTRATIVE TRIBUNAL

PATNA BENCH, PATNA

O.A. No. 050/00123/2019

Date of order: -23.07.2026

C O R A M

HON’BLE MR. KUMAR RAJESH CHANDRA, MEMBER [A]

Pramod Mandal, S/o Late Khub Lall Mandal, permanent resident of Village

Fatehpur, Niche Tola, Post- Jhajha, P.S- Jhajha. District- Jamui and residing at

village- Lakhenkayari, Tola Bagicha, P.O-Dumari, P.S- Sonho, District- Jamui-

811308.

………Applicant

Patna Versus

Bench

Digitally 1. Union of India through the Chairman, Railway Board, New Delhi-110001.

POOJA signed by

KUMARIPOOJA

KUMARI 2. The General Manager, East Central Railway, Hazipur-844101.

3. The Divisional Railway Manager, East Central Railway, Danapur Division,

Danapur-800012.

4. The Sr Divisional Personnel Officer, East Central Railway, Danapur

Division, Danapur-800012.

5. The PWI, Jhajha, Danapur Rail Division, Jhajha-811308.

……..Respondents

For Applicant:- Mr. S.K. Bariar, ld. Advocate

For Respondents:- Mr. Bindhyachal Rai, ld. ASC

O R D E R (Oral)

Per: Mr. Kumar Rajesh Chandra, Member (A):

1. Heard ld. counsels for both the parties.

2. This application has been filed by the applicant with following relief:

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O.A. No. 050/00123/2019

R-1 annexed with the written statement. The substantiation of this

allegation is as follows:

“Shri Pramod Mandal son of late Khub Lall Mandal has

alleged that your bona fide name is Laxman Mandal S/o late

Hira Mandal. You are working on fake name of Khub Lall

Mandal who has died on 01.11.2017. Shri Pramod Mandal has

substantiated his allegation by submitting death certificate of

Khub Lall Mandal. You are working in Railway in place of

other and have violated the Railway Service Conduct Rule

1968 Section 3(1) Sub Para- II & III.”

5. Learned Counsel for the respondents is not in a position to clarify as to

Patna

Bench

what has been the outcome of this departmental proceeding despite

Digitally

POOJA signed by

KUMARIPOOJA

KUMARI service of charge-memo dated 30.04.2019 that is about 7 years ago.

The written statement submitted by the respondents has also left this

issue open so far that the relief sought for by the applicant will be

considered only after conclusion of this departmental proceeding.

6. Learned Counsel for applicant has fairly submitted that he has no

information as to what has been the outcome of this departmental

proceeding.

7. Therefore, at present with the facts and material made available before

this bench, only one of the three outcomes can reasonably be

sustained:

i. If the said person who has been alleged to be Laxman

Mandal and working in place of Shri Khub Lall Mandal is

actually an imposter then further action has to be initiated

by the respondents’ department so far as the retiral benefits

to the rightful claimant/heir to the deceased employee Sri

Khub Lall Mandal is concerned. Accordingly, the claim of

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O.A. No. 050/00123/2019

the applicant for compassionate appointment can also be

examined as per the rule/law/procedure.

ii. If the charges that have been leveled are proved to be false

then the applicant has no case and OA will be fit to be

dismissed. There could be some possible reason as to why he

is claiming the person to be some imposter instead of his

father and that issue is beyond the purview of adjudication

of this Tribunal.

iii. If the departmental proceeding is still pending and the

decision has not yet been taken by the respondents with

regard to the genuineness of the claim of the applicant then

the matter is fit to be remanded back to the respondent

Patna

Bench

authorities to conclude this proceeding and decide the issue.

Digitally

POOJA signed by 8. Since the counsel for respondents is not in a position to clarify as to

KUMARIPOOJA

KUMARI

what has happened to the departmental proceeding nor able to clarify

about the identity of the person, who, as per the applicant is

masquerading as the father of the applicant, this Tribunal is left with

no option but to remand this case back to the respondent authorities to

complete this departmental proceeding and settle this issue.