Railway CCM not allowed to join Tribunal

The Division Bench comprising Justice S. Manikumar and Justice M. Govindaraj while admitting a PIL moved in this regard by G. Eswar Lal, an office bearer of Southern Railway Mazdoor Union (SRMU) issued notice to the Centre represented by the Chairman, Railway Board and other related Union Government authorities. The plea sought to declare the order dated March 22, 2017 issued by the Under Secretary, Railway Board vide an order dated March 22, 2017 when he is due for superannuation on March 31, 2017 as illegal.

The petitioner contended that Saxena is not qualified to hold the post since two criminal cases are pending against him. While one is with the CBI for collecting donations for girl children in the name of an unregistered trust another complaint by a woman employee of the Southern Railway under the Tamil Nadu Prevention of Harassment of Women Act is pending at the XVI Metropolitan Magistrate Court in Chennai, he said. 

Setting aside Saxena’s counsel contention that a PIL would not lie in service matters and that the allegations, charges and filing of the plea were due to personal vendetta, the bench held that “Priority of High Office to which Saxena is sought to be appointed subject to outcome of investigation into the complaint is strange for us also. We therefore deem it fit to pass the order of interim stay of the operation of all further proceedings pursuant to the order of appointment.” 

The bench then posted the matter after three weeks.