O.A. No. 641/PB/2013 & MA 657/2013. Case: Jagir Kaur Vs Union of India. Central Administrative Tribunal
| Case Number | O.A. No. 641/PB/2013 & MA 657/2013 |
| Counsel | For Appellant: V.K. Sharma and For Respondents: G.S. Sathi |
| Judges | Sanjeev Kaushik, Member (J) and Uday Kumar Varma, Member (A) |
| Issue | Service Law |
| Judgement Date | August 01, 2014 |
| Court | Central Administrative Tribunal |
Order:
Sanjeev Kaushik, Member (J)
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The challenge herein is to charge-sheet dated 17.06.2005 (Annexure A-1), the Inquiry report dated 22.04.2009, order dated 03.07.2009 passed by the Disciplinary Authority imposing the punishment of reduction to lower stage of one step below in the same pay scale for a period of two years with postponing of future increments of pay, order dated 26.08.2009 passed by the Appellate Authority rejecting the appeal of the applicant and the order dated 08.03.2010 passed by the Revisional Authority rejecting the petition filed by the applicant.
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The facts, which are not in dispute, are that the applicant who was working as Superintendent was transferred, vide order dated 23.09.2014 from P2B Section and posted in Reception & Dispatch Section against an existing vacancy. Since the applicant was dealing with the Class-IV employees' matters, therefore, they submitted a representation dated 06.10.2004 to the Divisional Railway Manager, Ferozepur against her transfer upon which it was assured by the DRM Ferozepur that her representation would be considered and till then she will continue working at her earlier place of posting. However, the applicant was served with a charge-sheet dated 17.06.2005 on the ground that she remain absent from duty unauthorisedly w.e.f. 07.10.2004 without any prior intimation to his superiors. The applicant is stated to have filed reply based upon which an Inquiry was conducted and ultimately the Inquiry Officer submitted his enquiry report dated 22.04.2009 holding that the applicant was guilty of charge against which the applicant filed a representation dated 05.05.2009. The Disciplinary Authority, vide its order dated 03.07.2009 imposed the punishment of reduction to lower stage by one step below in the same pay scale, with further postponement of future increments of pay. Against the order of Disciplinary Authority, the applicant filed an appeal dated 19.08.2009. The Appellate Authority, vide order dated 26.08.2009 rejected the appeal against which the applicant filed a Revision Petition dated 09.10.2009 which, too, was rejected by the Revisional Authority vide order dated 08.03.2010. Hence the O.A.
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In support of the above averments, learned counsel for the applicant vehemently argued that though the applicant was transferred but she was given a verbal assurance by the DRM Ferozepur that her transfer order will be revised and till then she will continue on the same very seat and...
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