Digamber Karmali vs S E Railway

Court
Central Administrative Tribunal

1 O.A./350/1380/2021


CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA


OA/350/1380/2021

Date of Order: 19.08.2026

Coram: Hon’ble Dr. Lata Baswaraj Patne, Judicial Member
Hon’ble Mr. Anindo Majumdar, Administrative Member


Sri Digamber Karmali, Son of Chandra Mohan Karmali, Working as Loco
Pilot (Mail/Express), Resident of 3D/5,Unit-3, Old Settlement,
Gole Bazar, Kharagpur, P.O. Kharagpur, P.S. Kharagpur(T), Dist
Paschim Medinipur, Pin 721 301, West Bengal

….....Applicant

-Versus-

1. The General Manager, South Eastern Railway, 11, Garden Reach
Road, Kolkata-700 043.

2. The Divisional Railway Manager, South Eastern Railway, Kharagpur,
P.O. Kharagpur, District-Paschim Medinipur, Pin-721301.

3. The Sr. Divisional Mechanical Engineer, South Eastern Railway,
Kharagpur, P.O. Kharagpur, District-Paschim Medinipur, Pin-721301

4. The Sr. Divisional Personnel Officer, South Eastern Railway,
Kharagpur, P.O. Kharagpur, District-Paschim Medinipur, Pin-721301


……….Respondents


For the Applicant : Mr. S K Bhowmik; Counsel

For the Respondents : None




Digitally signed by Subhrajit Koley
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training,
Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,
PostalCode=700020, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit
Koley
Reason: I am the author of this document
Location:
Subhrajit Koley Date: 2026.09.04 11:44:10+05'30'
Foxit PDF Reader Version: 2024.3.0

2 O.A./350/1380/2021

O R D E R (O R A L)
Per: Hon’ble Dr. Lata Baswaraj Patne (J):

1. Ld Counsel for the applicant is present.

2. None appears for the respondents.
3. Heard.
4. The applicant has approached this Tribunal under Section 19 of the
Administrative Tribunals Act, 1985, praying for the following relief(s):-
“(I) An order or direction do issue upon the respondent to consider the
applicant's prayer of pay parity with the juniors, quashing the RTI report of
Sr. DPO/KGP vide no. SER/P-KGP/740/RTI/7088 Dated 06/08. 01.2021.

(II) An order or directing do issue directing the respondent authority to
consider applicant's representation submitted to Divisional Railway
Manager, S. E. Railway, Kharagpur Division on 02.03.2021.

(III) Any other or further order do issue as this Hon'ble Tribunal may seem
fit and proper.”


5. Ld Counsel for the applicant submits that the applicant was a Loco Pilot
(Mail/Express) under Sr. DME/Kharagpur of South Eastern Railway. While he
was working in Electric 12882 Dn. Express, he had passed Bhadrak Home
signal at Danger (Red aspect) because of dense fog. Thereafter, an enquiry
was held by the JAG Committee of East Coast Railway. During enquiry the
applicant admitted his mistake that assuming red signal as yellow due to
dense fog he has passed it and proceed towards Bhadrak Railway Station.
But, soon after passing that signal he realized that he misjudged the signal
aspect as yellow while its actual aspect was red. For this act and admission
of his mistake he was removed from service without any compassionate
allowance with immediate effect i.e. from 22.06.2016. The applicant
thereafter made an appeal to ADRM / KGP who is the Appellate Authority.
After considering the applicant's appeal and taking lenient view the
Digitally signed by Subhrajit Koley
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training,
Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,
PostalCode=700020, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit
Koley
Reason: I am the author of this document
Location:
Subhrajit Koley Date: 2026.09.04 11:44:10+05'30'
Foxit PDF Reader Version: 2024.3.0

3 O.A./350/1380/2021

Appellate Authority ordered to reinstate the applicant in railway service as
LP (Shunter) grade-1 in Pay Band II Rs. 9300-34,800/- G.P. Rs. 4200/- at the
minimum pay with bottom seniority for a period of 5 years. It was further
ordered by the Appellate Authority that on completion of 5 years the
applicant will be restored back to his earlier post LP (Mail /Express) with
original pay and seniority depending on applicants track report to be certified
by Sr. DME/ KGP and the intervening period between the date of removal
and date of reinstatement is to be treated as "Dies Non". Dissatisfied with
the said order of the Appellate Authority, the applicant preferred an appeal
to Chief Operations Manager, South Eastern Railway, who is the Revisionary
Authority. The Revisionary Authority modified applicant's punishment order
from 5 years to 3 years keeping all other point as same. On completion of 3
years’ punishment the applicant approached to the DRM/KGP vide his
representation dtd. 02.03.2021 with a prayer of restoration of his original
pay and seniority. However, the same has not been considered till date.

6. Ld Counsel for the applicant submits that at this it would suffice the purpose
if the respondents be directed to consider the pending representation of the
applicant and communicate the decision to the applicant within a stipulated
period of time.

7. In view of the above, we direct the competent respondent authority to
consider the pending representation of the applicant dtd. 02.03.2021,
treating this OA as a part of it and to communicate the decision to the
applicant, by way of, a reasoned and speaking order within a period of 02
months from the date of receipt of a certified copy of this order.
Digitally signed by Subhrajit Koley
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training,
Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,
PostalCode=700020, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit
Koley
Reason: I am the author of this document
Location:
Subhrajit Koley Date: 2026.09.04 11:44:10+05'30'
Foxit PDF Reader Version: 2024.3.0

4 O.A./350/1380/2021



8. It is made clear that we have not gone into the merits of the case. All points
for consideration are kept open.

9. Accordingly, the OA is disposed of. No cost.

(Mr. Anindo Majumdar) (Dr. Lata Baswaraj Patne)
Member (A) Member (J)


sk
Digitally signed by Subhrajit Koley
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training,
Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,
PostalCode=700020, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit
Koley
Reason: I am the author of this document
Location:
Subhrajit Koley Date: 2026.09.04 11:44:10+05'30'
Foxit PDF Reader Version: 2024.3.0