JUDGEMENT
MANOJ MISRA, J. -
(1.)The instant petition has been filed by Union of India through its Department of Railways along with officers of the
Railway Department against the judgment and order
18.05.2012 passed by the Central Administrative Tribunal, Allahabad (for short the 'Tribunal') in O.A. No. 1093 of 2006 by
which the original application filed by the first respondent
(Rayees-Ul-Haque) was allowed; the major penalty charge-
sheet dated 12.07.2004; removal order dated 31.01.2006; and
the appellate order dated 16.06.2006 were quashed.
(2.)The relevant facts of the case are as follows: The first respondent was an Inquiry-cum-reservation clerk posted at
Gorakhpur. A minor penalty charge-sheet was served upon him
on 11.03.2004 alleging that from April 2003 to June 2003, he
had issued 50 concession tickets on forged concession
vouchers thereby causing loss to the Railways. The first
respondent denied the allegations. After considering the reply,
the Assistant Commercial Manager vide order dated
19.04.2004 imposed punishment of stoppage of next increment for a period of six months temporarily and directed for recovery
of Rs.26,636/- from the first respondent in lieu of the loss
suffered by the Railways. This order of punishment was not
subjected to appeal by the first respondent. Thereafter, on
12.07.2004, the first respondent was served with a major penalty charge-sheet essentially on the same set of facts that is
of issuing concessional tickets on forged concession vouchers,
but by leveling other serious charges of misconduct.
(3.)Against issuance of major penalty charge-sheet, the first respondent filed a representation before the Senior Divisional
Commercial Manager on 04.08.2004 by claiming that on the
same set of facts two disciplinary proceeding cannot be drawn
more so when the earlier proceeding has already been
finalized.
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