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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 ..... 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 issued charge sheet against the delinquent. The articles of charges are as under:- (i) That the said Shri M. Anjaneyulu has demanded and collected Rs. 200/- against the EFT amount of Rs. 128/- towards the conversion and reservation charges for providing SL class accommodation on two II Express Ticket Nos. 29059 and 39060. Thus, he failed to maintained absol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Rs. 200/- against the EFT accountal of Rs. 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 Railway Services (Discipline and Appeal) Rules, 1968, the Inquiry officer found the above-said charges proved against the respondent. The Disciplinary Authority had accepted the Inquiry Report and imposed punishment of removal from service upon the respondent with immediate effect. The Appellate Authority, on consideration of the appeal filed by the respondent vide order dated 24.02.2000, confirmed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 compulsory retirement imposed by the Revising Authority upon the respondent. Being aggrieved, the respondent filed another O.A. No. 1773/2000 before the Tribunal. 10. The Tribunal below, by a common order, allowed the applications of the respondents on a technical ground holding that the departmental traps were not laid by the Vigilance Officers of the Railways in accordance with the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 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 the investigation of trap cases or departmental trap cases would amount to vitiation of the departmental proceedings based upon the defective reports of the investigating officer submitted to the Railway Authority against the respondents for their misconduct in discharge of their duties. Therefore, this Court will be slow to interfere in the judgment of the High Court. 15. In order to appreciate the respec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... articularly, 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/Inspector. Another memo, for returning the G.D. notes to the decoy will be prepared for making over the G.C. notes to the delinquent employee on demand. This memo should also contain signatures of decoy, witnesses and Investigating Officer/Inspector. The independent witnesses will take up position at such a place where from they can see the transaction and also hea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 investigations were conducted by the investigating officers in violation of the mandatory Instructions contained in paragraphs 704 and 705 of the Vigilance Manual, 1996, on the basis of which inquiries were held by the Enquiry Officer which finally resulted in the imposition of penalty upon the respondents by the Railway Authority. The High Court in its ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 Government by some statute or under some provision of the Constitution providing therefor. Therefore, even if there has been any breach of such executive instructions that does not confer any right on any member of the public to ask for a writ against Government by a petition under Article 226 of the Constitution of India. 22. In State Bank of Patiala ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns 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 is set aside accordingly. 26. These appeals are allowed. Consequently, the Writ Petition Nos. 1489/02, 26165/2001 and 25111/01 filed before the High Court shall stand allowed. Parties to bear their own costs. 27. IA NO. 2 filed in CA No. 5033/2003. We have heard Mr. Raj Kumar Gupta, Advocate appearing on behalf of All India Com. Railway Employee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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