- (1.) Heard Sri K.P. Singh, learned counsel for the petitioners and Sri Sanjay Kumar Om, learned counsel for the respondents.
(2.) Union of India along with Railway Administration have preferred this writ petition challenging the order dated 7.11.2008 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad in Original Application No. 738 of 2005 Upendra Nath Tiwari Vs. Union of India and others whereby an order of minor punishment imposed against the respondent, has been set-aside and that it has been further directed that all consequential benefits be made available to him.
(3.) The facts of the case are that the respondent while working as Travelling Ticket Examiner (A) (TTE) in North Eastern Railway at Bareilly in 2002 was served with a charge-sheet dated 27.11.2001 on the following allegations: (i) On 12/13.11.2002 while the respondent was performing his duties as TTE in train no. 3020 Dn. during the course of inspection it was found that one U.P. Police constable was found travelling in S-I coach without a ticket and that upon being asked to regularize the said ticket the respondent failed to do the same and permitted the constable to go. (ii) One passenger by the name of Tariq who was travelling from Rampur to Bareilly without a ticket but his EFT (Extra Fare Ticket) has been shown to be from Rampur. (iii) During the course of inspection it was found that there was shortage of Rs. 51/- in the railway money (EFT) which was made good from the personal money of the respondent. (iv) On detection of the aforesaid irregularities, respondent was asked to alight from the train at Bareilly but the respondent did not deboard the train and ultimately the train had to be stopped to deboard him.;