C KARUNAKARAN vs SOUTH WESTERN RAILWAY on 29 December 2023

1. Union of India Rep by General Manager S.W. Railway, Rail Soudha Gadag Road, Hubballi-580020

2. Additional Divisional Railway Manager S.W. Railway, Divisional Office, Mysuru-570001

… Respondents

(By Shri Sayed S Kazi, Addl. Central Govt. Standing Counsel)

O R D E R (ORAL)

PER: JUSTICE S. SUJATHA, MEMBER (J)

The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

(i) “Direct the Respondents to supply the copy of the inquiry report to the applicant and take steps to finalize the disciplinary proceedings in all respects by fixing a time line;

(ii) Order the respondents to release the withheld settlement benefits forthwith and pass such other order or orders as deemed fit and necessary in the circumstances of the case and

(iii) Grant any other relief or reliefs as deemed fit and proper in the interest of justice and equity”.

2. A detailed reply statement has been filed on behalf of the respondents. In paragraph 10, it is stated thus:- “It is submitted that, the applicant having received the finding of inquiry officer and has submitted representation dated 23.02.2023 and along with representation, the applicant case has been put up to Disciplinary Authority that is Additional Divisional Railway Manager for passing order and the same will be forwarded to Railway Board to finalize the penalty as the employee retired on superannuation on 31.08.2018”.

3. Thus, it is clear that in pursuance to the inquiry report forwarded to the applicant by the Disciplinary Authority, the applicant has submitted the representation dated 23.02.2023 which has been placed before the Disciplinary Authority. However, the applicant having been retired on superannuation on 31.08.2018, disciplinary proceedings has to be finalized by the Competent Authority in accordance with law.

4. Given the circumstances, we are of the considered view that the interest of justice would be sub-served in directing the respondents to finalize the disciplinary proceedings pending against the applicant, in accordance with law,c in an expedite manner in any event not later than twelve weeks from the date of receipt of the certified copy of the order. Ordered accordingly.

5. OA stands disposed of accordingly. No order as to costs.

(RAKESH KUMAR GUPTA) (JUSTICE S. SUJATHA) MEMBER (A) MEMBER (J)

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