Refusing to reinstate on acquittal
P.V.Ramana
(Querist) 29 January 2017
This query is : Resolved
sir , I was dismissed from railways in 2009 after departmental inquiry .
afterwards railways filed a criminal case with same charges.
the honorable court acquitted me in Feb 2016 on merits
there is provision in service rules that when employee is acquitted in criminal case on same set of charges the punishment issued may be reviewed if employee represents.
I represented for reinstatement.
The honourable CAT hyderabad bench issued direction to railways to dispose my appeal with speaking orders within 2 months.
but after 5 months the railways issued letter rejecting my representation for reinstatement.
what is to be done next for immediate relief as I have only 6 months remaining
P. Venu
(Expert) 30 January 2017
The only remedy is in filing an OA in the CAT or approaching the Supreme Court under Article. (Of course, you can prefer a Memorial to the Hon'Ble President of India, but chances of a favourable decision are rather remote)
Guest
(Expert) 30 January 2017
Dear Mr. Ramana,
You seem to have wrongly mixed up two cases, the "departmental inquiry case based on misconduct" and the "court case pertaining to trial on criminal offense".
Secondly, the court ordered for review of punishment on your representation against the penalty, while you represented for reinstatement, NOT being a review petition against the penalty order of dismissal, as per the provisions of the Railway Servants (Discipline & Appeal) Rules.
Evidently, the department issued review orders on punishment closing the door of your reinstatement.
Now, you are required to file a case in CAT for acquittal from the charge included in the departmental charge sheet, but NOT on reinstatement. Once you are acquitted of the charge on merits of the case, you will be entitled to claim your reinstatement before the date of retirement, or even if retired, you can get the period as duty for the spell falling between the dates of dismissal and superannuation.
However, your lawyer should be quite well versed with the service rules of your department.
Guest
(Expert) 31 January 2017
Usha ji,
Thanks for agreeing with me.
