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Ram Nibash Chowdhury vs Eastern Railway on 20 September,
That he shall take into consideration the enguirt report submitted Ly the CBI and other reports submitted from time to time. However, as and when the cognizance is taken bi,' the Court of competent jurisdiction in the complaint against accused, the.
Thereafter, the concerned court where the complaint shall be instituted shall, within three months thereafter, decide whether accused are to be summoned to start trial or not. The revisional petition stands disposed of accordingly. Hon'ble High Court's - order the office is not.
On the basis ofthe s itation -lon'bleudi cia1 iv1errber by relying on some decisions by taking the ratio laid down in the decision of Hon'ble Apex Court stated as under - " The same cannot become an instrument of harassment of a retired government servant in the hands of Government. At the same time, the Govt. Therefore, in every case where the Govt. On the other hand Hon'ble Administrative Member as stated in the foregoing paragraphs have framed issues while dissenting with the order of Hon'ble Judicial Member, noted that whether the applicant as per Rule 9 and P 7 10 of Railway Servants Pension Rules, will be benefitted if any judicial proceeding is pending against the applicant.
In the note Hon'ble Administrative Member has noted as under: The President reserves to himself the right of withholding or withdrawing a pension or gratuity, or both, either in full or in part, whether permanently or for a specified period, and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Railway, if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of his service, including service rendered upon re- employment after retirement; Provided that the Union Public Service Commission shall be consulted before any final orders are passed.
Railway Board's letter No. I However, Hon'ble Administrative Member after hearing the id. Counsel for both parties framed two issues for consideration by this Tribunal which are as under: Whether before holding an enquiry under Section of Cr.
And Whether complaint by this Court was mandatory or not? Sengupta as His Lordship then was in his order dated 1st October, had already done this exercise and given a finding that some of the persons wanted to take benefit of an order passed on 31st March, by manipulating, fabricating and interpolating the pages and inserting new pages in the court records.
The entire finding has been reproduced in the preceding portion and discussed. Therefore, no separate enquiry is required as His Lordship has passed the order dated 13t October, in consonance with the provisions of law. Therefore, an enquiry is deemed to have been held and conditions of Section of Cr.
Needless to say in such an aggravated situation, Court can take suo motu notice and hold an enquiry.
So far as the second issue is concerned, I accept the submission made by Mr. Bhattacharya that it is mandatory for this Court to file a complaint, in writing.
Eastern Railway zone
Indication to this effect is already available in the order dated 4th October,passed by Ajit Kumar Sengupta, J. His Lordship had further directed the Registrar, Appellate Side of this Court to take into consideration the reports sent by the CBI and His Lordship had further directed on 11th March, that the CBI should submit progress report from time to time to the Registrar, Appellate Side, in a sealed cover.
Therefore, it is apparent that His Lordship desired that 'the Registrar, Appellate Side, taking into consideration the report submitted by the CBI, should follow the future course against the persons who were found to have interpolated and manipulated the records and committed serious offences. Thus, CBI could not file the charge-sheet, but only complaint was to be filed. It is admitted position by both the parties as well as by the Hon'ble Members that the complaint has not beei filed.
There ismno,siichextension Obtained eithr by the respondent - -: Right of the President to withhold or withdraw pension. Provided further that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of rupees three thousand five hundred per mensem.
Provided that where the departmental proceedings are instituted by an authority subordinate to the President, that authority shall submit a report recording its findings to the President; if not institute while the railway servant was in service, whether before his retirement or. For the purpose of this rule - departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the railway servant or pensioner, or if the railway servant has been placed under suspension from an earlier date, on such date; and judicial proceedings shall be deemed to be instituted- in the case of criminal proceedings, on the date on which the complaint or report of a Police Officer, of which the Magistrate takes cognizance, is made; and in the case of civil proceedings, on the date the plaint is presented in the Court.
No such charge has been established by the respondents to attract to apply the Rule 9 of Railway Servants Pension Rules, for withholding of pension.