CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH: NEW DELHI

O.A No.4234/2016

Order reserved on : 18.12.2018

Pronounced on : 19.12.2018

Hon’ble Mr. K.N. Shrivastava, Member (A)

Mandeep Singh Bhatia,

Aged about 44 years

Presently working as

Director/TT /Coaching –II Railway Board,

New Delhi (Group A). -Applicant.

(By Advocate: Mr. S.K.Gupta with Mr. P.R. Chaudhuri)

VERSUS

Union of India through

1. Secretary,

Ministry of Railways

Rail Bhawan,New Delhi.

2. General Manager,

West Central Railway,

Jabalpur, M.P.

(By Advocate: Mr. Shailendra Tiwari)

ORDER

This Original Application (OA) has been filed by the applicant under

Section 19 of the Administrative Tribunals Act, 1985, praying for the

following main relief:

“(ii) Quash and set aside the charge sheet dated 17.03.2015

(Annexure-A-1)

and

punishment

order

15.05.2015

(Annexure-A-1) and also order dated 12.07.2016 with all

consequential benefits;”

2

(OA No.4234/16)

2. The factual matrix of the case, as noticed from the records, is as

under:

2.1

The applicant at the relevant point of time was working as Senior

DCM in Bhopal Division of West Central Railway. He was nominated as

an Evaluator of the answer-sheets of written examination for the

selection to the post of Section Controller. The written examination was

held on 19.01.2013 which was an objective type with multiple choices for

a question. The candidates were to tick the correct answer. As per the

instructions, no correction, viz. cutting, overwriting, erasing, scoring off

ticked answers was permitted. The applicant while evaluating the

answer-sheets, apparently evaluated answers of the candidates even in

respect of answers with aforementioned corrections. For this irregularity

at the end of the applicant, Annexure A-15 minor penalty charge-memo

dated 17.03.2015 came to be issued to him. The statement of

imputation of misconduct enclosed with the charge-memo reads as

under:

“Shri Mandeep Singh Bhatia, while working as Sr. DCM,

West

Central

Railway,

Bhopal

has

committed

following

irregularities as under:

Shri Mandeep Singh Bhatia the then Sr.DCM/BPL (now

Sr.DOM/Kota) was nominated as evaluator of answer sheets for

the selection to the post of Section Controller (75% Departmental

Quota) of Bhopal Division for which written examination held on

19.01.2013. Shri Mandeep Singh Bhatia has evaluated answer

sheets and awarded marks to some candidates for the answers

which have been amended /overwritten by the candidates in

objective type questions, whereas in the answers to objective

type answers no corrections viz cutting, overwriting erasing,

scoring off a ticked answer in multiple choice and ticking

another answer and modifying the answer in any way is

permitted. In case may correction is made, that answer shall not

be evaluated at all. Further, Shri Bhatia himself has amended

3

(OA No.4234/16)

the marks once awarded in many answer sheets without putting

his initials on those amendments which is again against the

given instructions for evaluation. Shri Mandeep Singh Bhatia

has failed to discharge his duties properly assigned to him

which had affected the result of the written test and the merit

list of the qualified candidates. The mistakes committed by him

evidently suggest his casual approach and carelessness towards

the duties assigned to him.

Thus, by the above act, Shri Mandeep Singh Bhatia, the then

Sr.DCM/BPL ( now Sr. DOM/Kota ) failed to maintain devotion to

duty, thereby he contravened the provision of Rule 3.1(ii) of

Railway Services (Conduct) Rules, 1966.”

2.2

The applicant submitted his Annexure A-9 representation against

the charge-memo, inter alia, stating therein that answers to some of the

questions, which he evaluated, did not have any discernible corrections

and even if the allegation of incorrect evaluation is considered true, the

conce