HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Civil Writ Petition No. 12539 / 2017

• 1. The Union of India through the General Manager, North Western Railway, Jaipur.
• 2. Senior Divisional Commercial Manager, North Western Railway, Bikaner.
• 3. Senior Traffic Inspector of Accounts, North Western Railway, Bikaner.

----Petitioners

Versus

Ravindra Yadav S/o Sh. Dharmendra Yadav, R/o 183 Marudhar Nagar, Near Naghechi Temple, Bikaner.

_____________________________________________________

----Respondent

For Petitioner(s) : Mr. Kamal Dave

HON'BLE THE CHIEF JUSTICE

_____________________________________________________

HON'BLE MR. JUSTICE RAMCHANDRA SINGH JHALA

Order

10/11/2017

1. Heard learned counsel for the petitioners.

2. Respondent was a Reservation Supervisor when on 28.01.2016 he was suspended. Sum of ₹1,20,975/- was sought to be recovered alleging the same to be a commercial outstanding.

3. The respondent challenged the recovery by filing an Original Application before the Central Administrative Tribunal drawing attention to Rule 6 of the Railway Servant (D&A) Rules, 1968 as per which one of the minor penalty was recovery of loss caused to the railway authorities.

4. The respondent pleaded that without holding him guilty and proceeding under the disciplinary rules the recovery could not be made.

5. As per the writ petitioner the respondent was provided with an I.D. to operate ticket generating computer and he committed fraud by generating zero value reservation tickets against the privilege, complementary railway passes. It was pleaded that the privilege was granted to the working and retired employees.

6. The Tribunal noted the Indian Railway code under which commercial loss could be recovered sans enquiry. The Tribunal noted that the same would be applicable when a mistake involving apparent financial loss to the railway administration is noted. The short collected, undercharged or unaccounted money, would be required to be debited in full to the station responsible by means an Error Sheet. The Tribunal has highlighted that sans enquiry the railway administration could proceed as claimed only where the mistake was apparent. The Tribunal has highlighted that in the instant case the recovery was based upon an allegation of misuse of power and fraud pleaded. Conclusion arrived at is that the railway authorities would be at liberty to proceed under the disciplinary rules.

7. We concur with the view taken by the Tribunal, more so for the reason during arguments contention of the railway authorities was that the recovery has been made as an interim measure.

8. The writ petition is dismissed in limine.

(RAMCHANDRA SINGH JHALA)J. (PRADEEP NANDRAJOG)CJ.

Mohit Tak