Order No.08/dated 19.01.2026 Per Sujit Narayan Prasad, J.

1.The instant writ petition is directed against the order dated 15.02.2013 passed in O.A. No. 53 of 2012 (R) by the learned Central Administrative Tribunal, Patna Bench, (Circuit Court at Ranchi) whereby and whereunder the order of punishment passed by the Disciplinary Authority as also the Appellate Authority have been refused to be interfered with by dismissing the original application.

2. The brief facts of the case, as per the pleading made in the writ petition, as has been incorporated from the pleading of the original application reads as under:

The petitioner was working as D.C./Gangman under P.W.I., Tori under E.C. Railway, Dhanbad Division.

On 08.07.1992, the petitioner was placed under suspension on the allegation of mis-conduct.

On 13.08.1992 by registered post and on 30.12.1992 by ordinary post, the petitioner submitted non engagement certificates which is a pre-condition for receiving subsistence allowance.

On 08.09.1992, the petitioner was served with a major penalty memorandum on allegations of giving false attendance and confining a gangmate named Sharfuddin and mis-behaving with Shri R.P. Saha, AEN/Latehar.

On 03.09.1993 and 15.12.1993, the petitioner represented against non-payment of subsistence allowance to him with effect from 08.07.1992.

On 27.12.1993, the petitioner sent a registered letter addressed to Inquiry Officer that as no subsistence allowance was being paid to him, he is not in a position to attend the disciplinary proceedings and inquiry at Latehar. According to the petitioner, his defence helper also brought this fact to the notice of the Inquiry Officer about non-payment of subsistence allowance but no order was passed, and the inquiry was conducted ex parte.

It is the case of the petitioner that in-spite of repeated request for payment of subsistence allowance before the Disciplinary authority and the Inquiry Officer, the petitioner was not paid the subsistence allowance and instead of payment an ex-parte departmental proceeding were concluded against the petitioner.

On 23.09.1994, the petitioner received copy of the inquiry report, which revealed that the proceedings were conducted ex-parte behind his back. On 05.10.1994, the petitioner made a representation to the Respondent No.3 drawing his attention to procedural lapses and biased approach of the Inquiry Officer including denial of reasonable opportunity to defend his case.

Finally, the Disciplinary Authority vide order dated 24.03.1995 removed the petitioner from service.

Thereafter, the petitioner made appeal against the removal order dated 24.03.1995. Since the appeal was not disposed of by the appellate authority, the petitioner filed O.A.No.858 of 2003, which was disposed of on 18.11.2003 with a direction to the DRM, E.C. Railway, Dhanbad to dispose of the appeal within three months from the date of receipt of the order by passing a reasoned and speaking order in accordance with law.

Since, in spite of the said order of the Tribunal, no order was passed by the appellate authority, the petitioner filed a contempt petition and while disposing the contempt petition, by an order dated 16.03.2005 in CCPA 84 of 2004 it could be known that the DRM is not the appellate authority to whom the Tribunal had directed rather the Sr. DEN, Dhanbad is the appellate authority whom the appeal should have been submitted and for technical reason, the appeal has not been attended.

The Tribunal directed a copy of the order to be addressed to the appellate authority with a direction to dispose of the appeal on merit by a speaking order within a period of three months from the date of receipt of the order.

On 11.5.2006, the Sr. DEN [Coordination], East Central Railway passed impugned order.

Aggrieved with the findings of the disciplinary authority and order of the Appellate Authority that the petitioner is not fit to be retained in Railway service, he filed OA before CAT, Patna Bench in 2006 and that was numbered as