In the year 1979, My client was appointed as Commercial Inspector and posted at
He took shelter in the Court and filed case in Central Administrative Tribunal being O.A. No. 517 of 2004, challenging the aforesaid order dated 12.12.2003. The Central Administrative Tribunal Allahabad firstly stayed the recovery order thereafter allowed the case and set-aside the recovery order of C.C.M./P.S. found it to be wholly illegal and against the law, with direction to refund the entire deducted amount with in 3 months.
It is noteworthy to mention here that a writ petition No. 48015 of 2005 was got filed the Sr. Commercial Manager at the instance of C.C.M./P.S. Judgment and order of C.A.T. and stay has been obtained, after receiving the notice my client filed stay vacation application and Counter Affidavit in the Writ Petition on 4.1.06 but till today no Rejoinder Affidavit has been filed deliberately to linger on the case.
BRIEF FACTS OF CASE:-
1. On 29.6.2005, a memorandum ( SF 11 ) for not making visit along with Mr. H.C. Srivastava at
2. On 19.6.2006, SF(5) for major punishment for certain charges, the reply was submitted on 24.10.2006.
3. On 26.12.2006, another memorandum SF(11) was served alleging about un authorize absent from duty.
4. On 17.1.07, a reply was submitted to the aforesaid memorandum SF(11).
5. On 10.4.2007, an application was submitted for action of Mr. H.C. Srivastava against me during office hour.
6. On 27.4.2007, under the minor penalty proceeding. A major punishment was impose reducing 2 stages lower in time scale of pay for three years and pay was reduce for stage of Rs. 9925 to 9475 in pay scale grade 7450-11,500 with non cumulative effects.
7. An appeal was filed against the aforesaid punishment order dated 27.4.07, which is still lying pending with the Appellate Authority for the reasons not known to me.
8. On 07.5.07, Shri H.C. Srivastava was appointed Enquiry Officer in place of Shri D.C. Mishra.
9. On 07.8.07, application to the C.C.M. for enquiry by any authority regarding my client’s harassment in the office was submitted.
10. On 3/4.09.07, Representation to disciplinary authority for changing enquiry officer Shri H.C. Srivastava with detail allegations claiming he is biased and prejudice against him.
11. On 06.9.07, My client appeared before enquiry officer and submitted an application informing that the Defence Assistant is not spared from duty to take part in enquiry.
12. On 11.9.07, reminder to change enquiry officer was given.
13. On 18.9.07, By the Disciplinary Authority my client’s application/representation for changing enquiry officer was rejected by non speaking and without reasoned order.
14. On 10.1.08, Shri H.C. Srivastava submitted his Ex-parte enquiry report conducted on 6.9.07 behind back to the Defence Assistant and
15. On 03.3.08, Major punishment was imposed by Disciplinary Authority issuing removal order from service.
16. On 26.3.08, Appeal against order of removal from service passed by Disciplinary Authority U/S 18 of R.S. (D&A) Rules 1968 was preferred before the appellate authority alongwith 21 enclosures about 105 pages.
17. On 06.7.08, Reminder was submitted for disposal of Appeal requesting that tendency of appeal for indefinite period by appellate authority would be offending of the Railway Board circular in this behalf.
18. On 21.7.08, The Appellate Authority has decided Appeal by sketchy and non speaking cryptic order without discussion of grounds of Appeal and imposed punishment of “reducing in lowest grade of commercial clerk permanently, till superannuation i.e. 30.9.2010, treating the intervening period from 3.3.08 uptill joining to be dies-non which is also a major punishment without any rhyme and reasons.
What remedy available to my client?
