IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23163 of 2019

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Manju Sahay wife of Late Smriti Bihari Sahay Resident of Balipur

Machharhatta, P.O. Barh, P.S. Barh District- Patna, (Bihar).

... ... Petitioner/s

Versus

1.

The Union of India through the General Manager, East Central Railway,

Hajipur, P.O. Digghi Kalan, P.S. Hajipur, District- Vaishali at Hajipur, Pin

Code- 844101, Bihar.

2.

The Senior Divisional Commercial Manager, East Central Railway,

Danapur, P.O. Khagaul, P.S. Danapur, District- Patna, Pin code- 801501,

Bihar.

3.

The Assistant Commercial Manager, East Central Railway, Danapur, P.O.

Khagaul, P.S. Danapur, District- Patna, Pin Code- 801501, Bihar.

... ... Respondent/s

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Appearance :

For the Petitioner/s

: Mr. Munna Pd Dixit, Advocate

Mr. Sanjay Kumar Chaubey, Advocate

Ms. Swastika, Advocate

Mr. Sanjay Kumar Dixit, Advocate

For the Respondent/s

: Mr. Praveen Kumar Sinha, Advocate, S.P.C. for U.O.I.

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

and

HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 23-01-2023

In the instant writ petition, petitioner is legal heir of the

deceased employee-Smriti Bihari Sahay. The deceased railway

employee was subjected to disciplinary proceedings. Article of

charges were issued on 20.03.2007, it was concluded in

imposition of penalty of reduction of pay of Rs. 4,600/- to 3,200/-

for a period of six years with cumulative effect on 02.02.2009.

The deceased employee preferred appeal before the Appellate

Authority and it was not decided for about five years. General

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Manager invoked Rule 25 of the Railway Servants (Discipline

and Appeal) Rules, 1968 (for short ‘Rules 1968’) and proceeded

to issue a show cause notice on 17.12.2013 to the extent why the

penalty imposed by the Disciplinary Authority dated 02.02.2009

shall not be enhanced. The deceased employee furnished his

reply on 21.01.2014. Thereafter, General Manager enhanced the

penalty to the extent of reducing initial stage of next lower grade

for a period of eight years with cumulative effect on 16.04.2014.

02. Feeling aggrieved and dissatisfied with the

Disciplinary Authority’s order dated 02.02.2009 and in not

deciding the deceased employee’s appeal, the deceased employee

filed O.A No. 482 of 2012 before the Central Administrative

Tribunal, Patna Bench, Patna (for short ‘CAT’). During the

pendency of O.A. No. 482 of 2012, the General Manager has

taken steps to enhance the penalty. In the result, deceased

employee questioned the validity of the enhancement of penalty

dated 16.04.2014 in O.A. No. 482 of 2012. O.A. No. 482 of 2012

was dismissed, hence the present writ petition.

03. During the pendency of the present petition

deceased employee-Smriti Bihari Sahay died and his legal heir

Mrs. Manju Sahay is on record and pursuing the present writ

petition.

04. Learned counsel for the petitioner submitted that

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along with the charge memo one document has been cited in

support of the charge, such document was not marked in the

inquiry so as to prove the alleged charge. It is further submitted

that there is a total inaction on the part of the Appellate Authority

and General Manager. Appellate Authority has not decided the

deceased employee’s appeal even after lapse of five years from

the date of imposition of penalty, on the other hand, when the

appeal was pending consideration before the Appellate Authority,

next higher Authority-General Manager proceeded to issue show-

cause notice as to why penalty imposed by the disciplinary

authority shall not be enhanced. He h