RAJU CHOUDHARY vs EAST CENTRAL RAILWAY on 14 October 2026

O R D E R

[ORAL]

STICE NARENDRA KUMAR d Counsels for both the sides are l for the applicant, Shri Aman K nt is a son of railway employee ed in harness on 05.10.2010, w

IVE TRIBUNAL ATNA f 2026

Date of Order:- 12.10.2026. KUMAR JOHARI, MEMBER H CHANDRA, MEMBER (A) wak Chaudhary, resident of P.S.- Digwara, District-Digwara, ……. Applicant. h. Manager, East Central Railway, al Railway, Hajipur -844101. ast Central Railway, Sonpur. Divisional Railway Manager (P), , P.O. - Mokama, District Patna- ……Opposite Parties. mar Choubey, ld. ASC.. R R JOHARI, MEMBER (J) present. Kumar Singh submitted that the , namely Ramsewak Chaudhary while he was in service. After . f , , . , - e y r Digitally signed by BINAY PRASAD BINAY PRASA D

Patna Bench death, th ground.

3. On 30.0 G.R.P.F 05.05.20 applican

4. Applica for miss

5. The app railway

6. On of t disciplin absent f the afo proceed parte v Ramsew immedi

7. Mother Ramsew applican certifica recalled that he h he applicant had applied for his

08.2010, a complaint was lod F., E.C.R. that a dead body wa 010 whose postmortem was c nt identified that dead body is of ant also lodged his missing repo sing of his father on 14.08.2012 b plicant’s mother submitted a repr authority for appointment of her the relevant fact is that, the rai nary proceeding against the R from his duty since 26.08.2010. oresaid RamseWak Chaudhary ding. Consequently, disciplinary ide order dated 31.01.2013 an wak Chaudhay was ordered to be ate effect. of applicant, Geeta Devi, cla wak Chaudhary, has submitted an nt on compassionate ground on ate dated 30.01.2013. Thereafte d the order of removal of Ramse had died prior to above punishm s appointment on compassionate dged by the concerned S.H.O., as found on the train track on conducted on 06.10.2010. The f his father. ort on 30.08.2010 and an F.I.R. before G.R.P.F. Muzaffarpur. resentation on 05.02.2013 to the r son on compassionate ground. lway authorities had initiated a Ramsewak Chaudhary who was Despite the issuance of notice, did not appear in the D.A. y proceeding was decided ex- nd as a penalty the employee e removed from the service with aiming that she is the wife of n application for appointment of n 05.02.2013 along with death er, the authorities cancelled and ewak Choudhary on the ground ment. e , n e . e a s , . - e h f f h d d Digitally signed by BINAY PRASAD BINAY PRASA D

Patna Bench

8. On rece Welfare

9. Meanwh applicat dues to ground Chaudh lady. Sh under th 01.12.20 was for to the railway 01.12.20 29.02.20 punishm cancelle

10. Conside of Ram was sto suspecte Tribuna for com regard.

eipt of the aforesaid applicatio e Inspector, Sonepur to inquire in hile, an another lady, named, tion on 01.09.2014 and deman her and to provide appointmen claiming that they are the rea hary and the first Geeta Devi (m he also claimed that her husba he medical treatment and was h 010 hence the death certificate ged. During the inquiry of the W knowledge that Ramsewak Ch hospital on 25.11.2010 at 4.30

010. Consequently, the railwa 016 withdrawn the order date ment of removal from service ed, hence order for his removal f ering the above disputed claim, t msewak Chaudhary and appointm opped/closed vide order dated ed claim. The said order dated 3 al in O.A. No. 82/2023 with dir mpassionate appointment and p Further, in compliance of th on, an inquiry was entrusted to nto the matter. Geeta Devi had submitted an nded for payment of settlement nt to her son on compassionate al wife and son of Ramsewak mother of applicant) is a forged and Ramsewak Chaudhary was hospitalized from 25.11.2010 to submitted by first Geeta Devi Welfare Inspector, the fact came haudhary was admitted in the hours and remained there up to ay authorities vide order dated ed 03.07.2014, vide which the of Ramsewak Choudhary was from service became effective. the process of settlement of dues ment on compassionate ground d 30.11.2015 treating it to be 30.11.2015 was quashed by this rection to consider the applicant pass a speaking order in this he above order, the competent o n t e k d s o i e e o d e s s d e s t s t Digitally signed by BINAY PRASAD BINAY PRASA D

Patna Bench authorit order da

11. Aggriev Choudh the pres and to applican

12. One mo that Raj Chapra 427 50 02.08.20

13. Accordi decided

(a) Whe unde 01.1

(b) Whe marr is the

(c) If R whet wife and s ty considered the claim of appli ated 04.05.2023. ved by the rejection order dated hary, alleged son of deceased R sent O.A. with prayer to quash th direct the respondents autho nt for his appointment on compa ore fact has also brought before ju Chaudhary has lodged a com against the second Geeta Devi 04 and 506 of I.P.C. which w

022. ing to prayer made in the O.A d by this Tribunal is that:- ether the father of the applicant er treatment in the hospital fro 2.2010? ether the aforesaid Ramsewak riage with two ladies of similar n e son of first wife named Geeta D Ramsewak Choudhary had solem ther the applicant and his mother or the objector/ another claima son of Ramsewk Choudhary?

iant and rejected the same vide d 04.05.2023, the applicant Raju Ramsewak Chaudhary has filed he above order dated 04.05.2023 ority to consider the claim of assionate ground. e the knowledge of the Tribunal mplaint before JMFC, Saran at under 323, 420, 467, 468, 471, was rejected by the court on A., the questions required to be t died on 05.10.2010 or he was om the period of 25.11.2010 to k Choudhary had solemnized name and whether the applicant Devi? mnized only one marriage then r is the genuine and real son and ant and her son are the real wife e u d f l t , n e s o d t n d e Digitally signed by BINAY PRASAD BINAY PRASA D

Patna Bench

14. The de which in has no j

15. Accordi without applican jurisdict his claim he may

16. The M.A

(Kumar Raje Member

BP.

etermination of above question ncludes the declaration of rightfu urisdiction. ingly, the O.A. is dismissed i t issuance of notice to the O nt shall have liberty to approach tion for declaration of status wit m is not considered by the comp approach to this Tribunal once a A. No. 497/2026 stands disposed esh Chandra) (Jus (A) OA No. 609 of 2026 ns will require the assessment ful person for which the Tribunal in limine at preliminary stage Opposite Parties. However, the h before the competent Court of th regard to his claim. If in case, etent authority/Opposite Parties, again. d of accordingly. stice Narendra Kumar Johari) Member (J) t l e e f , , Digitally signed by BINAY PRASAD BINAY PRASA D