G. George Paracken, Member (J) - (1.)IN this Original Application, the Applicant Shri Gyan Dev Prasad has challenged charge sheet dated 13.12.2004, the Inquiry Officer's report communicated to him vide letter dated 31.05.2011, the penalty order dated 05.01.2012, the Appellate Authority's order dated 22.08.2012 and the Revisional Authority's order dated 20.03.2013 on the ground that they are illegal and contrary to the rules.
(2.)BRIEF facts: While the Applicant was posted as Enquiry and Reservation Clerk ('E&RC' for short) at Faridabad Station under the Northern Railway, he was served with Memorandum dated 16.11.2004/13.12.2004 proposing to hold an enquiry against him under Rule 9 of the Railway Servants (Discipline and Appeal) Rules, 1968. The statement of articles of charges framed against him and attached with the said Memorandum was as under :-
That Shri Gyan Dev Prasad, E&RC/FDE while working as such on 30.11.2003, 03.12.2003, 04.12.2003 & 05.12.2003 and manning Counter No. 433 in reservation office/Faridabad had committed the following acts of omission & commission :-

1) That Shri Shri Gyan Dev Prasad, E&RC/FDE is responsible for generating PNR Tickets for (i) Train No. 2626 (HNZM -UJN) IInd AC for Shri Vijay, M -54, (ii) Train No. 2626 (BPL -Vijaywada) dated 04.12.2003 IInd AC to Shri Vijay, M -54 and (iii) Train No. 2626(BPL -Vijaywada) dated 14.12.2003 IInd AC for Shri Vijay, M -54 against false Circular Tour Ticket No. 575835 bearing stamp of CBS/IRCA/New Delhi without verifying its genuineness although he admitted in his statement that first PNR should be generated from the location from where the Circular Tour Ticket issued. Thereby he misused the official capacity with this dishonest motive and facilitated the passenger in defrauding Railway by violating the Railway Rules.

2) He is responsible for his failure in endorsing the Circular Tour Ticket at the time of generating the PNR as he admitted that all endorsements on Circular Tour Tickets were in handwriting of the passenger himself.

3) He is also responsible for generating PNR tickets for 04.12.2003 in Train No. 2626 Ex.BPL to Vijaywada against the same Circular Tour Ticket No. 575835 although it is JCO date was 11.12.2003 during his duty at Counter No. 433 on 04.12.2003 by accepting the Acquisition slip at S. No. 25.

By the above act of omission and commission Shri Gyan Dev Parsad, Enquiry & Reservation Clerk/N.Railway, Faridabad failed to maintain absolute integrity, exhibited lack of devotion to duty, acted in a manner unbecoming of a Railway Servant and thereby contravened the provision of Rule No. 3.1(i), (ii) & (iii) of Railway Service Conduct Rules, 1966.

According to the Applicant, even though there were 9 listed documents along with the aforesaid Memorandum, none of those documents were supplied to him so as to make an effective defence statement. However, the Respondents appointed Shri M.K. Sharma, an officer from the vigilance department as the Inquiry Officer and the date for enquiry was fixed as 09.03.2005. On the said date, the Applicant requested the Inquiry Officer to supply the copies of the relied upon documents and also requested to allow him to inspect those documents. The Inquiry Officer adjourned the hearing from time to time, as the Disciplinary Authority failed to produce the original copies of the relied upon documents and to supply the copies thereof. Later on, the Disciplinary Authority changed the Inquiry Officer Shri M.K. Sharma and appointed Shri Yogesh Sharma, another officer from the vigilance department, in his place. Shri Yogesh Sharma conducted the subsequent proceedings and submitted his report, a copy of which has been communicated to the Applicant vide Respondents letter dated 31.05.2011. According to the said report, all the 3 charges have been proved. The relevant part of the said report is as under :-

7. Discussion of evidence on the charges.

Charge -1: That Sh. Gyan Dev Prasad, E&RC/FDB is responsible for generating PNR tickets for (i) Train No. 2416 (HNZM -UJN) IInd AC for Sh. Vijay, M -54 & (iii) Train no. 2626 (BPL -Vijaywada) Dt. 14.12.03 IInd AC to Sh. Vijay, M -54 & (iii) Train No. 2626 (BPL -Vijaywada) dt. 14.12.03 IInd AC for Shri Vijay, M -54 against False circular tour ticket No. 575835 bearing stamp of CBS/IRCA/New Delhi without verifying its genuineness although he admitted in his statement that first PNR should be generated from the location from where the circular tour ticket issued. Thereby he misused the official capacity with his dishonest motive & facilitated the passenger in defrauding Railway by violating the Railway Rules.

7.1 It is evident from the Ex -P -1(ii), the copy of the CTT no. 575835 that three reservations were done on this CTT as per the PNRs, mentioned above, CO also admitted the fact vide his statement Ex -P -9, CO has further strengthened the fact in his defence statement and defence brief that these reservations were done by him. In support of the fact he also attached the DTC details with his written statement of defence. CO in his statement vide Ex -P -9 admitted that first PNR should be generated from the location from where the circular tour ticket issue. Thus from the admittance of the CO vide his statement it is clear that CO had generated PNR tickets for (i) Train No. 2416 (HNZM -UJN) IInd AC for Sh. Vijay, M -54 (ii) Train No. 2626 (BPL -Vijaywada) Dt. 04.12.03 IInd AC to Sh. Vijay, M -54 & (iii) Train No. 2626 (BPL - Vijaywada) dt. 14.12.03 IInd AC for Sh. Vijay, M -54 against circular tour ticket No. 575835 bearing stamp of CBS/IRCA/New Delhi although he admitted in his statement that first PNR should be generated from the location from where the circular tour ticket issued. It is also evident from the statement of Sh. Abhimanyu Shukla, PW -1 (Ex -P -6) in the case that the CTT Number 575835 produced before him in the name of Sh. Vijay, M -54 is a fake CTT as this number of CTT has been issued to Sh. N.K. Singhal for a different amount and destination as per their office record. PW -1 also confirms his statement during his examination and cross -examination. The fact is also strengthen by the document Ex -P -7, the letter of the Manager/P&5/SSB that the CTT No. 575835 in the name of Sh. Vijay is not a genuine, thus it is clear from these documents that CTT No. 575835 in the name of Sh. Vijay is not a genuine CTT.

CO's plea that the CTT No. 575835, Ex -P -1(ii) is not that CTT on which he has made the reservations is not at all acceptable, as the details of the CTTs i.e. name and destination of the original CTT and Ex -P -1(ii) are similar and this cannot be coincidence or some miracle, admittance of CO that he has generated PNRs on the CTT for Sh. Vijay is therefore treated as generation of the PNRs on the CTT No. 575835 copy of which is placed as Ex -P -1(ii). Thus there is no any other CTT in question as claimed by the CO in his defence.

Regarding non -supply of the rules violated by the CO, it is pertinent to mention hear that ignorance of rules is no excuse. Co if not knowing about the rules of reservation on the CTT, should have not done any of the reservation in past as well as in future or he should have contacted to his seniors for advice, which he has not attempted in this case. This act of the CO clearly shows that he has something on back of the mind and he misused the official capacity with his dishonest motive & facilitated the passenger in defrauding Railway by violating the Railway Rules.

Regarding correction/overwriting etc. on the CTT it is the duty of the concerned ERC i.e. CO in this case to point out the observations and not to do any reservation on this invalid CTT.

Hence from above discussions and evidences the charge is proved.

Charge -2:

He is responsible for his failure in endorsing the circular tour ticket at the time of generating the PNR as he admitted that all endorsements on Circular tour tickets were in handwriting of the passenger himself.

7.2 It is evident from the Ex -P -9, the statement of the CO that he admitted on being asked by the II/RB that he had asked the passengers to make the endorsement on the CTT at his own. CO also mentioned the fact in his defence statement that none of the endorsements on the CTT was in his handwriting, which also supports the fact that CO has not made any endorsement on the CTT No. 575835, Ex -P -1(ii).

CO in his defence pleaded that the statement Ex -P -9 of the Co has been taken under duress is not acceptable as this statement was recorded in the presence of his CRS/FDB and who countersigned on all the pages of the statement. CRS/FDB has not mentioned any kind of duress in this document. CO's allegation of the duress is an afterthought story which has no legs to stand.

Plea taken by the PO in his brief is also acceptable and it also supports the charge and facts.

Hence from above discussion and evidences the charge is proved.

Charge -3: He is also responsible for generating PNR tickets for 04.12.03 in train No. 2626 Ex -BPL to Vijaywada against the same Circular Tour Ticket No. 575835 although it's JCO date was 11.12.03 during his duty at counter No. 433 on 04.12.2003 by accepting the requisition slip at S. No. 25.

7.3 It is evident from the Ex -P -9, the statement of the CO that he has generating PNR tickets for 04.12.03 in train No. 2626 Ex -BPL to Vijaywada against the same Circular Tour Ticket No. 575835 although it's JCO date was 11.12.03 during his duty at counter No. 433 on 04.12.2003 by accepting the requisition slip at S. No. 25. CO further admitted the fact in his defence that he has wrongly generated the said ticket and then cancelled the same. This act clearly shows that this was the same CTT on which CO has made reservations and it has been cited as Ex -P -1 (ii). PO also supported the charge in his brief, which are accepted as CO has also admitted the fact in his defence brief. Hence, from above discussions and evidences the charge is proved.

8. Conclusion & Findings.

From the discussion of available record of the enquiry, documentary, oral as well as defence adduced during the enquiry proceedings, the findings are as under :-

Charge No. 1 is proved as discussed in Para -7.1 above.

Charge No. 2 is proved as discussed in Para -7.2 above.

Charge No. 3 is proved as discussed in Para -7.3 above.

(3.)AGAINST the said report, Applicant made his representation dated 15.06.2011 but the Disciplinary Authority passed its order dated 05.01.2012 imposing a penalty of reduction in pay at initial stage in same grade, i.e., 5200-20200+2800 GP for a period of 5 years with cumulative effect. The relevant part of the said order reads as under :-
After applying my mind I find as under :-

Charge No. 1 In your defence you have pleaded that you did not generate ticket on CTT no. 575835. Your statement was recorded by the investigating inspector/vigilance under duress threat. You further pleaded that copy of the rule which was violated by you was not provided to you during the inquiry. Both your pleas are not accepted because the statement recorded by I.I./vigilance does not bear any sign which shows that it was recorded under duress threat. The statement was recorded in presence of CRS/FDB, if it so then you should report the matter to your senior subordinate and your controlling officer. During the enquiry while reply to Q No. 8 you deposed that you reported the matter to CRS only but you do remember whether it was orally or in writing which clearly shows that it was a afterthought story. It also evident from reservation requisition forms vide ex II 8/1,/2, 8/3 that you made reservation on the authority of CTT no. 575835 which was found to be not genuine vide Ex -P -7 letter issued by the manager/Prg. & Sty. NRly., SSB. Thus it is clear that you generated the ticket No. 575835 without verifying its genuineness. During the check you have admitted that first PNR should be generated from the location from where the circular tour ticket was issued which clearly shows that you have knowledge that there is a rule for generating the PNR on CTT. Hence I agree with the enquiry officer's findings thus the charge is proved against you.

Charge No. 2

You have pleaded in your defence that at the time of issuing of ticket on CTT there was no over writing and neither there was signature of passenger nor it was checked by checking staff and your statement was recorded by the Investigating Inspector/Vigilance under duress/threat. You further pleaded that you requested to EO during the enquiry that CRS/FDB be called a court witness through your demand of additional defence documents. Vide Ex.P -9 which was recorded during the check that you admitted that you generated ticket on CTT No. 575835 and you were tallying with the particulars mentioned on CTT from passenger. Thus your plea is an afterthought because you admitted during the check that you did not endorsed the CTT due to heavy rush. Therefore, it established against you that you fail to endorse the CTT at the time of generating the PNR.

Charge No. 3

You have pleaded in your defence that the ticket was wrongly generated on 03/12/2003 and this was cancelled on 04/12/2003 then why this charge made against you as the ticket was not exist. You further pleaded that neither any passenger was traveled on this ticket nor there was any loss to railway administration and after cancellation the ticket there was no survive of this ticket. Yours these pleas are not tenable because it is evident from Ex.N.P -9 recorded during the check that you generated the PNR ticket for 04/12/2003 in train No. 2626 ex BPL to Vijaywada against the same CTT No. 575835 although it's JCO date was 11/12/2003 during your duty on counter No. 433 on 4/12/2003 and accepted the requisition form/slip at S. No. 25. This fact is further accepted by you that you wrongly generated the said ticket and then cancelled the same. This is clearly shows that this was the same CTT on which you have made reservation and it has been cited as Ex.P -1(ii). Thus it is clear from the above fact that you are responsible for the charge.

In view of the above discussion, I hold you responsible for the charges leveled upon you vide SF -5 dt. 16/11/04 and therefore, I imposed the penalty of reduction in pay at initial stage in same grade i.e. 5200/ - in grade 5200 -20200+2800 GP for a period of five years with cumulative effect.

Accordingly your pay is reduced with immediate effect from 14480/ - to 5200 in Grade Rs. 5200 -20200 -(+2800) for a period of five years with immediate effect.