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ARVIND KUMAR (LAWYER)     27 August 2008


In the year 1979, My client was appointed as Commercial Inspector and posted at Jodhpur. In 1984 he was posted as Claim Inspector under C.C.O. at New Delhi. In 1985 he was posted as Commercial Inspector at Varanasi. In 1991 he was posted in Railway Board working with Task Force (C.P.), thereafter in Northern Railway Head Quarter as Vigilance Inspector. In the year 1994 he was posted as Chief Commercial Inspector H.Q. Varanasi. Again in the year 1999 he was posted in Railway Board New Delhi. In 2001 he was posted as Registrar on Deputation in the Central Administrative Tribunal Allahabad. In 2002 he was posted as registrar on Deputation in the Central Administrative Tribunal Patna. In 2003 he was posted as Registrar on Deputation in Debt Recovery Tribunal, Allahabad. Thereafter he was posted as Senior Commercial Inspector (G) at N.C. R. Head Quarter, Allahabad, since then he has been working and discharging his duties with his full devotion, honestly and sincerity. his entire service record remain throughout excellent remarkable and blotless  before commencing in the N. C.R. H.Q. Allahabad in the year 2003-2004. There was no case pending against him till 15.3.2005. However While working at N.C.R. H.Q. Allahabad, he was subjected to harassment on one or those pretext  by Superior Authority, the chief Commercial Manager/Administration who instructed him to sign in log book and make entries about his movements which was done by him for few time but refuse to make for every time on account of this reason. Superior Authority C.C.M./P.S. passed an order dated 12.12.2003 for recovery of sum of Rs. 2,24,207/-  as a damage charges from him salary and started deduction of amount from his salary.


                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.



1.               On 29.6.2005, a memorandum ( SF 11 ) for not making visit along with Mr. H.C. Srivastava at Jhansi as per the order of Mr. H.C. Srivastava himself.

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?


 5 Replies

prof s c pratihar ( urologist &legal studies)     27 August 2008

sir , all these happened due to injured sentiment of superior authorities.the case is pending and that must be heard by the bench.hope case is out of listnow.considering the sufferings of yr client pl mentoon for listing and early wait for judgment &no other remedy at this stage.dr sc pratihar

Murali Krishna (Govt..Employee)     03 September 2008

 Why do not you move an expedite petition for hearing the case? Since, you have filed stay vacate petition, it is your bounden duty to pursue the matter. Even after you fail early listing, seek an urgent motion or lunch motion with reagard to stay petition.

ARVIND KUMAR (LAWYER)     04 September 2008


Revision against the judgment of appellate authority of concerned department is pending before G.M. (Highest authority), who is not interested to decide the revision neither given interim stay relief against the order of reversal. And there is no such provision for expedite the case before revisional authority. in these circumstances How can revisional authority can compel to decide the aforesaid matter ?

Murali Krishna (Govt..Employee)     10 September 2008

 Disposal of Revision petition cannot be said to be alternative remedy. Hence, if RA does not dispose it off, it does not bar you to move a court of law. If RA does not want to dispose if off and you are interested only  that he has to do it, then also bring it to the notice of the High Court.. High Court will issue appropriate directions and dispose your case.  


ARVIND KUMAR (LAWYER)     20 September 2008

How can by-pass the tribunal court remedy. The reason behind this the Central Administrative Trbunal Court are in existence to adjudicate/resolve the srvice matter relating to Central Government Employee. I agree with you. Thanks alot for the end of proceedural advise.

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