- (1.) Heard learned counsel for the parties.
(2.) Railways, respondents in Original Application No. 231 of 2005, are aggrieved by the order dated 11th December, 2007 passed by learned Central Administrative Tribunal, Patna Bench (Circuit Bench Sitting at Ranchi), whereunder it has quashed the order dated 26th March, 1997 passed by the Disciplinary Authority and order dated 24th September, 2004 passed by Appellate Authority imposing the punishment of removal from service and directed the applicant to be reinstated in service and proceed to pass orders in accordance with relevant Rules.
(3.) Applicant faced disciplinary proceeding under the memorandum of charges dated 21st September, 1993 (Annexure-5) on two allegations of misconduct. As per Article-I of the charge sheet, applicant while functioning as Senior GAC in Booking Office during the period 10th April, 1993 issued one EET No. 135095 in which record foil shows BKRO to Telo II ordy Ticket fair Rs. 7/- but passenger foil of the same shows as MST ex. BKRO to PRME and back valid upto 9th May, 1993 for Rs. 102/- with ulterior motive and mala fide intention to misappropriate the Government money. As per DFCS Book Rs.7/- only was accounted for and rest amount Rs.95/- was mis appropriated for his personal gain. Article-II alleged that the applicant issued one LEFT No. 404311 on 3rd March, 1993 for Rs. 2/- in which the record foil shows BKRO to CRP II ordy. Ticket No. 8501 fair Rs. 2/- extended upto KTH though ticket for KTH was available on hand and as per stock book and DFCS book. But the passenger foil shows issuance of QST ex. BKRO to CRP and back valid upto 2nd June, 1993 for Rs.195/- with ulterior motive and mala fide intention to mis appropriate the government money. As per DTCS book Rs.2/- only was accounted for and rest Rs.193/- was mis appropriated. Thus he failed to maintain absolute integrity, devotion to duty and acted in a manner which is unbecoming of a railway servant in contravention of Rule No. 3(I)(i) (ii) and (iii) of Railway Service Conduct Rules, 1966.;