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TMI Blog2007 (8) TMI 721X X X X Extracts X X X X X X X X Extracts X X X X ..... e impugned order, the High Court dismissed the writ petitions filed by the appellants against the order of the Central Administrative Tribunal [for short the Tribunal ], Hyderabad Bench at Hyderabad. The Tribunal allowed the original applications of the respondents herein and quashed the orders of penalties imposed upon the respondents by the authority in departmental proceedings and further directed to reinstate the respondents in service. 2. These appeals are similar in nature and they involve identical questions of law and facts and, therefore, they are being decided by this common judgment. 3. The facts, which are not in controversy of the case, are set out below:- 4. M. Anjaneyulu, the respondent in C.A. No. 5031/2003, at the relevant time, was working as Head Train Ticket Examiner (HTTE) on Train No. 8561. On 26.11.1998, departmental trap was laid by the Vigilance Officer of the Railway by arranging a decoy passenger on Train No.8561 going from Vijayawada to Kazipet stations. In the process of the raid, the respondent was found having demanded more money against the EFT amount. The report of the investigating officer was submitted to the Railway Authority, who issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a charge sheet dated 24.8.1999 was issued against the respondent, which reads as under:- (i) That the said Sri M. Subramanyam Devers has demanded and collected ₹ 100/- against the EFT amount of ₹ 89/- and again collected ₹ 100/- against the EFT amount of ₹ 89/- towards the conversion and reservation charges for providing SL class accommodation on two II Express Ticket Nos. 34623 and 34622. Thus he failed to maintain absolute integrity, devotion to duty and acted in a manner of unbecoming of a Railway servant and violated Rule No. 3(1)(i)(ii) (iii) of Rule No. 26 of Railway Services [Conduct] Rules, 1966. (ii) While working as such in Train No. 752, Summer Special on 7.6.1999 ex. SC to WD has produced his railway cash as ₹ 200/- against the EFT accountal of ₹ 178/- and got remitted to the Railway vide EFT No. 492236 of 7.6.99 is liable as per para 2429 of IRCM Vol. II. Thus, Sri Subramanyam Devers, TTE/SC failed to maintain devotion to duty and acted in a manner unbecoming of a Railway servant and thus, violated Rule No. 3(1)(ii) and (iii) of Railway Services (Conduct) Rules, 1966. 7. In a departmental inquiry conducted under the Rai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order dated 26.05.1999, imposed a penalty of reduction to lower grade post of TTE upon the respondent with effect from 10.6.1999 for a period of one year with loss of seniority. It appears that no appeal has been preferred by the respondent against the order of the Disciplinary Authority. However, the Senior Divisional Personnel Officer, South Central Railway, Vijayawada Division appellant No. 3 herein under Rule 25 of the Railway Service (Discipline and Appeal) Rules, 1968 took suo motu revision and directed the respondent to show-cause why the penalty be not enhanced to removal from service. The respondent submitted his representation on 29.11.2001. On 05.01.2000, appellant No. 3 considered the representation of the respondent, modified and substituted the penalty to that of compulsory retirement of the respondent from service with effect from 20.01.2000. Being aggrieved, the respondent preferred O.A. No. 194/2000 before the Tribunal which came to be disposed of on 14.2.2000 with a direction to the respondent to prefer an appeal before the Chief Commercial Manager - Appellate Authority. The respondent accordingly filed an appeal. The Appellate Authority confirmed the penalty of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficers for conducting investigation in departmental trap cases involving Railway employees and a non-compliance if any of such instructions, would not amount to vitiation of the entire departmental proceedings initiated against the respondents for their misconduct in terms of the Service Rules, therefore the judgment of the High Court upholding the order of the Tribunal is untenable and unsustainable. 14. Shri A. Subba Rao, the learned Advocate appearing on behalf of the respondents, on the other hand, vehemently contended that the order of the Tribunal as well as the final judgment of the High Court cannot be found faulted or perverse on any ground as the departmental proceedings initiated against the respondents on the basis of the defective investigation conducted by the Investigating Officer in violation of the mandatory provisions as provided in paragraphs 704 and 705 of the Vigilance Manual, 1996, had resulted prejudice to the respondents to defend themselves in the departmental proceedings. He submitted that the procedure as prescribed under the Vigilance Manual is backed by statutory force and non-adherence of the mandatory provisions by the Investigating Officer during ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned under paras 704 are to be followed: (a) The Investigating Officer/Inspector should arrange two gazetted officers from Railways to act as independent witnesses as far as possible. However, in certain exceptional cases where two gazetted officers are not available immediately, the services of non-gazetted staff can be utilised. All railway employees, particularly, gazetted officers, should assist and witness a trap whenever they are approached by any officer or Vigilance branch. The Head of Vigilance Branch detail a suitable person or persons to be present at the scene of trap. Refusal to assist or witness a trap without a just cause/without sufficient reason may be regarded as a breach of duty, making him liable to disciplinary action. (b) The decoy will present the money which he will give to the defaulting officers/employees as bribe money on demand. A memo should be prepared by the Investigating Officer/Inspector in the presence of the independent witnesses and the decoy indicating the numbers of the G.C. notes for legal and illegal transactions. The memo, thus prepared should bear the signature of decoy, independent witnesses and the Investigating Officer/Inspecto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed and dealt with by the procedure and guidelines as contained in paragraphs 704 and 705 of the 1996 Manual. 18. We shall now examine whether on the facts and the material available on record, non-adherence of the instructions as laid down in paragraphs 704 and 705 of the Manual would invalidate the departmental proceedings initiated against the respondents and rendering the consequential orders of penalty imposed upon the respondents by the authorities, as held by the High Court in the impugned order. It is not in dispute that the departmental traps were conducted by the investigating officers when the respondents were on official duty undertaking journey on trains going from one destination to another destination. The Tribunal in its order noticed that the decoy passengers deployed by the investigation officers were RPF Constables in whose presence the respondents allegedly collected excess amount for arranging sleeper class reservation accommodation etc. to the passengers. The transaction between the decoy passengers and the respondents was reported to have been witnessed by the RPF Constables. In the facts and circumstances of the matters, the Tribunal held that the investig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no statutory force, do not give rise to any legal right in favour of the aggrieved party and cannot be enforced in a court of law against the administration. The executive orders appropriately so-called do not confer any legally enforceable rights on any persons and impose no legal obligation on the subordinate authorities for whose guidance they are issued. Such an order would confer no legal and enforceable rights on the delinquent even if any of the directions is ignored, no right would lie. Their breach may expose the subordinate authorities to disciplinary or other appropriate action, but they cannot be said to be in the nature of statutory rules having the force of law, subject to the jurisdiction of certiorari. 21. It is well-settled that the Central Government or the State Government can give administrative instructions to its servants how to act in certain circumstances; but that will not make such Instructions Statutory Rules which are justiciable in certain circumstances. In order that such executive instructions have the force of Statutory Rules, it must be shown that they have been issued either under the authority conferred on the Central Government or the State G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ules. The respondents filed their revision petitions and the appeals before the Revisional Authorities and the Appellate Authority under the relevant service rules, which were duly considered by the authorities. 24. On consideration of the foregoing facts and in the teeth of the legal aspect of the matter, we are of the view that the instructions contained in paragraphs 704 and 705 of the Vigilance Manual, 1996 are procedural in character and not of a substantive nature. The violation thereof, if any, by the investigating officer in conducting departmental trap cases would not ipso facto vitiate the departmental proceedings initiated against the respondents on the basis of the complaints submitted by the investigating officers to the railway authorities. The instructions as contemplated under paragraphs 704 and 705 of the Manual have been issued not for the information of the accused in the criminal proceedings or the delinquent in the departmental proceedings, but for the information and guidance of the investigating officers. 25. For the reasons aforesaid, the impugned judgment and order of the High Court, upholding the orders of the Tribunal, is not legal and justified. It ..... X X X X Extracts X X X X X X X X Extracts X X X X
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