New Delhi: The Supreme Court has set aside the dismissal of a Railway Travelling Ticket Examiner imposed nearly 37 years ago, holding that the disciplinary findings were perverse and unsupported by evidence. The Court directed that all consequential monetary and pensionary benefits be released to the legal heirs of the deceased employee within three months.
A Bench comprising Justices Sanjay Karol and Prashant Kumar Mishra passed the order while allowing Civil Appeal No. 13017 of 2025 (arising out of SLP (Civil) No. 30819 of 2025 @ Diary No. 19424 of 2019) filed by the legal representatives of V.M. Saudagar, a former Travelling Ticket Examiner of the Central Railway, Nagpur Division. The appeal challenged the judgment of the Bombay High Court (Nagpur Bench) dated September 21, 2017, which had reversed the Central Administrative Tribunal’s order dated March 21, 2002.
The appellant was dismissed from service in 1996 following a departmental enquiry based on a vigilance check conducted on May 31, 1988, on the Dadar–Nagpur Express. The charges included demanding illegal gratification, failure to refund small amounts collected from passengers, possession of excess cash, and forgery of a duty-card pass. The Enquiry Officer held all charges proved, and the disciplinary authority imposed the penalty of dismissal.
On appeal, the CAT found the enquiry unsustainable, observing that the findings were based on no evidence and that crucial witnesses had not been examined. The Tribunal quashed the dismissal and directed reinstatement with benefits. The High Court, however, set aside the CAT’s order, upholding the dismissal.
Before the Supreme Court, counsel for the appellants argued that the enquiry violated principles of natural justice, as the main complainant, Hemant Kumar, was never examined and his statement could not be relied upon without cross-examination. It was further contended that the other witnesses did not support the charges and that possession of ₹1,254 in cash was not misconduct, as no rule restricted a TTE’s cash holding.
Justice Mishra, writing for the Bench, found that the High Court had ignored material contradictions and that the Enquiry Officer’s findings were “clearly perverse.” The Court noted that the CAT had properly appreciated the evidence, observing that “when the findings of the Enquiry Officer are perverse, based on misleading or incomplete material, the Tribunal is fully justified in setting aside the penalty.”
Taking note that the incident occurred in 1988 and the employee had since passed away, the Bench restored the CAT’s order and directed that all consequential monetary and pensionary benefits be released to his legal heirs within three months.
Case Title: V.M. Saudagar (Dead) Through Legal Heirs vs. The Divisional Commercial Manager, Central Railway & Anr.
