Patna High Court
The Union Of India vs Ramesh Kumar Jha on 9 August, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3578 of 2021
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1. The Union of India through the General Manager, East Central Railway,
Hajipur, Vaishali.
2. The General Manager (Personnel)/Principal Chief Personnel Officer, East
Central Railway, Hajipur, Vaishali.
3. The Divisional Railway Manager, Samastipur Division, East Central
Railway, Hajipur, Vaishali.
4. The Divisional Railway Manager (P)/Senior Divisional Personnel Officer,
Samastipur Division, East Central Railway, Samastipur.
5. The Senior Divisional Commercial Manager, Samastipur Division, East
Central Railway, Samastipur.
6. The Senior Commercial Manager, East Central Railway, Hajipur.
7. The Principal Chief Personnel Officer, East Central Railway, Fairlie Place,
Kolkata.
8. The Senior Divisional Commercial Manager, Sealdah Division, Eastern
Railway, Sealdah.
9. The Divisional Personnel Officer, Sealdah Division, Eastern Railway,
Sealdah.
10. The Divisional Commercial Manager, Sealdah Division, Eastern Railway,
Sealdah.
11. The Enquiry Officer and Commercial Traffic Inspector, Eastern Railway,
Headquarter, Sealdah.
12. The Station Manager, Eastern Railway, Hotor, Sealdah Division.
... ... Petitioner/s
Versus
Ramesh Kumar Jha Son of Sri Ram Narayan Jha, Resident of Village - Parsa,
P.O. Parsa, P.S. - Majholia, District - West Champaran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Dr. Anand Kumar, Advocate
For the Respondent/s : Mr. Gautam Saha, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 09-08-2024
Patna High Court CWJC No.3578 of 2021 dt.09-08-2024
2/7
In the instant petition, petitioners have prayed for the
following relief(s):-
"(i) For issuance of writ in the
nature of certiorari and order/orders,
direction/directions for setting aside the Order
dated 21.07.2015 passed in O.A. No. - dated
859 /2010 and order dated 11.09.2019 passed
in RA No. 50/20/2017 and MA, by the learned
CAT, Patna Bench, whereby and where under
the Learned Tribunal has interfered with the
Departmetal Proceeding and also quashed the
memo of charge sheet dated 24.04.2002,
26.08.2010
and 30.01.2015. The learned
Tribunal has passed the impugned order
simply on the ground that charge Memo was
issued by the incompetent authority of the
Railway which is incorrect and also on the
ground of delay in conducting the
departmental proceeding.
(ii) For staying the operation of
Order dated 21.07.2015 passed in O.A. No. -
859/2010 and order dated 11.09.2019 passed
in RA No. 50/20/2017 and MA.
(iii) For any other appropriate
order/orders of this Hon'ble Court may deem
fit and proper."
2. Respondent-Ramesh Kumar Jha while working as
Commercial Clerk in the year, 2000 he is alleged to have
committed certain misdeeds. In this regard, article of charges and
Statement of imputation were issued and it reads as under:-
"ARTICLE OF CHARGES AND
IMPUTION OF MISCONDUCT FOR
IMPOSITION OF MAJOR PENALTY ACTION
AGAINST SRI R.K. JHA, COMMERCIAL
CLERK, HOTAR.
Patna High Court CWJC No.3578 of 2021 dt.09-08-2024
Annexure-I
Statement of article of charges framed against Sri
R.K. Jha, Comml. Cler, Hotor.
Sri R.K.Jha, Commercial Clerk, Hotor
while performing his duty from 6:00 to 14:00
hours in the season ticket counter on 21.8.2000,
issued one fake II Class/Adult/MST bearing no.
1552 Ex Hotor to Sealdah in favour of Sri Bidhu
Bhusan Mondal, village & P.O. Hotor, South 24-
parganas. And two fake MST's bearing No. 1555
& 1422 were found in the counter Drawer. He
also issued 54 fake 2nd class Adult MST ex.
Hotor to Sealdah in various dates for his
personal gain which is highly irregular and
offensive and tarnish the image of Railways.
By this above act he has violated rule
No.3.1(1),(11), & (111) of Railway service
conduct rules.
(M.Bhanwar)
Divisional Commercial Manager
Eastern Railway/Sealdah"
Annexure-II
Statement of misconduct in support of article of
charges framed against Sri R.K. Jha, commercial
clerk, Hotor, Sealdah Division, Eastern Railway.
Sri R. K. Jha, Commercial Clerk Hotar
while performing his duty from 6:00 to 14:00 hours
in the season ticket counter at Hotar on 21.8.2000,
issued one fake and irregular II Class/Adult/MST to
Sri Bidhu Bhusan Mondal of village & Post office
Hotar, South 24- Parganas, who appeared before the
Station Manager, Hotor, as he had found the date of
the issue written in the place of expire date.
Subsequently, SM/HT rushed to the counter and
checked the drawer of the counter where Sri R.K.Jha
was performing his duty. He also asked Shri Jha to
show his drawer etc. for the cause of unearthing the
Patna High Court CWJC No.3578 of 2021 dt.09-08-2024
whereabouts of fake tickets if any. During the search,
Shri Jha produced two fake II Class/Adult/MST
bearing No. 1555 and 1422. These tickets were kept
by Shri Jha with the malafide intention to sale them
resulting in leakage of railway revenue.
Later on a large number of passengers
demonstrated before the BM/HT demanding for
refund the value of MST on the plea, that fake MSTs
were issued to them by Shri Jha. Considering the
situation, SM/HT collected the following 54 MST's
against issuing free EFTs to the passengers which
proved that Sri Jhn was in habit of malpractices by
way of -selling fake 11 Class/Adult/MSTs. This
resulted in the harassment to the bonafide
passengers as well as leakage of Railway revenue to
the tune of Rs. 5940/- due to issue of 54 fake MST
(cost of one MST at the material period was
Rs.110/-) and damage the image of the railway.
Among the fake Season tickets issued by
Shri JHA, as a sample check, four such tickets
bearing number 1360,1367,1376 and 1380 were sent
to Printing press, E.railway Howrah, for verification
of the genuinity. On scrutiny, it was certified that
neither the tickets were printed or supplied from
their end.
After checking the comparative figure of
that material period it was also found that sale of
MSTS were deteriorating day by day for issuing of
such fake II Class/Adult/MSTs by Sri Jha.
(M.Bhanwar)
Divisional Commercial Manager
Eastern Railway/Sealdah"
4. List of documents are of the month of July/August,
2000 on different dates with reference to alleged incident of
July/August, 2000. Chare-memo was issued on 24.04.2000. The
inquiry was not completed even after eight years. Feeling
Patna High Court CWJC No.3578 of 2021 dt.09-08-2024
aggrieved by the inaction of the respondent petitioner invoked
remedy before the Central Administrative Tribunal under Section
19 of the Administrative Tribunal Act, 1985 in filing O.A. No. 859
of 2010. It was decided on 21.07.2015. Thereafter, the writ was
filed in the year 2021 after lapse of about six years.
5. Perusal of the records it is evident that Petitioners-
Railways are reluctant to conclude the departmental inquiry
initiated against the respondent in the year 2002 within a
reasonable period of time stipulated by the Railway Administration
or Government of India vide No. 2016/V-1/CVC/1/1 dated
12/06/2016 [Subject timely completion of disciplinary
proceedings/departmental inquiry proceedings---imposing
vigilance administration]. This circular was issued in the light of
Hon'ble Supreme Court decision in the case of Prem Nath Bali
vs. Registrar, High Court of Delhi & Ors. reported in (2015) 16
SCC 415 while referring to Circular No. 02/2016 No. 000VGL-
18/30503 dated 18.01.2016 of CVC. Similar circular must be
existing as on the date of initiation of inquiry also under Master
Circular No. 67-A Model time-schedule of 150 days has been laid
down for finalization of disciplinary case, which also specifies the
time within the different stages. Time limit may be six months to
one year. In other words, their own circular or order has been
Patna High Court CWJC No.3578 of 2021 dt.09-08-2024
violated. That apart, even during pendency of O.A. No. 859 of
2010 for period of five years the Petitioners-Railways have not
reformed themselves in concluding the departmental inquiry
within a reasonable period of time. It is not petitioners' stand that
in O.A. No. 859 of 2010 departmental inquiry was stayed so as to
seek excuse in not concluding the departmental inquiry as on
21.07.2015, the date on which O.A. No. 859 of 2010 was decided
in favour of the respondent by the Central Administrative Tribunal,
Patna Bench, Patna. Further, it is to be noted that after lapse of six
years the present writ petition has been filed. The Petitioners-
Railways action from the year 2002 to 2021 is nothing but
harassing the respondent. Disciplinary authority has entrusted all
powers insofar as initiation of inquiry and conclude the same
within a reasonable period of time. On the other hand for one or
the other reason disciplinary proceedings have been dragged for
more than decade. Therefore, the Petitioners-Railways have not
made out case so as interfere with the order dated 21.07.2015
passed in O.A. No. 859 of 2010 and order dated 11.09.2019 passed
in RA No. 50/20/2010 and MA by the Central Administrative
Tribunal, Patna Bench, Patna. Accordingly, the present writ
petition stands dismissed with cost of Rs. 10,000/- (Ten
Thousand). Cost shall be paid to the respondent-Ramesh Kumar
Patna High Court CWJC No.3578 of 2021 dt.09-08-2024
Jha within a period of eight weeks from the date of receipt of this
order.
(P. B. Bajanthri, J)
(Alok Kumar Pandey, J)
Vikash/-
AFR/NAFR AFR
CAV DATE N/A
Uploading Date
Transmission Date N/A
