To,

dated: 01.01.2015

Controller of Stores,
N.Rly, Baroda House,
New Delhi.
Subject: D&AR enquiry against the under signed- Biased attitude of the IO during enquiry.
Ref: - Confidential Memorandum no. E/141/2235/Vig/E (D&A) Dated 12.11.2013.
Respected Sir,
1.

I was issued the charge memorandum as referred above. Sh. R.P.Mishra RIO is appointed as IO in this case.
During enquiry he has adopted a biased attitude and has denied me opportunity to defend my case
effectively. Brief facts of the case are as under:

2.

I have demanded certain additional documents which were permitted by the IO. IO has received non
availability certificates from the respective custodians i.e. RRB/CDG . The certificates issued by
RRB/CDG were shown to me by the IO but refused to take it on record of enquiry.
In the certificate submitted by RRB/CDG it is indicated that the required documents were seized by NR
vigilance. In contrary, NR vigilance in their letter have submitted that the documents are not available. It is
pertinent to mention that during enquiry Sh. O.D.Sharma ex. VI as PW when asked about availability of
these documents with the NR vigilance stated that the document is available with the NR Vigilance. It
definitely tantamount to concealment of documents thereby denying me the opportunity to defend the case
in violation to principle of natural justice.
IO when requested verbally and also in writing refused to take on record these certificates with the plea that
this should be demanded as additional documents. Every correspondence taken during enquiry is a part of
the enquiry proceeding and IO was having no right to conceal it. As such IO acted in a biased manner. This
certificate was of importance from defence point of view.
IO acted in a hurried manner which can be seen by the fact that without taking the complete document on
record and taken up the case for examination of PW. This document was later introduced during crossexamination of PW. I was not given opportunity to examine this document since three clear days were
required in case any new document is introduced during enquiry. I was also having right to demand more
additional document in view of this document, this opportunity was also not given to me.
During cross-examination of PW, I requested to submit a document to prove that during process of
verification of caste I have declared my caste. This document was very much essential to disprove the
charge.
I had been admitted to Railway Hospital JUDW during last days due to severe active ulcer colitis and was
also advised by PGI doctor not to undertake outstation journey during active ulcer colitis. And accordingly
I requested for postponement of enquiry proceedings for 2-3 weeks more. IO postponed enquiry from
27.01.15 to 10.02.15. But due to continuous active ulcer colitis condition, I again requested for
postponement of enquiry for another 2-3 weeks. However, vide his E-mail dated 09.02.15, IO, not taking
any consideration of my severe health conditions, has flatly refused to postpone the enquiry and threatened
to take exparte decision. This also clearly shows biased attitude of IO. IO is expecting me to attend the
enquiry at any cost i.e. even at the cost of my life.

3.

4.

5.

6.
7.

Therefore, in view of the above biased action of the IO, I do not expect justice. It is requested that the IO in this
case may kindly be changed.
Thanking you.
Yours sincerely,
(Virender Kumar)
CO and AMM/JUDW.
Copy to :-1.The General Manager, N.Rly, Baroda House, New Delhi for kind information please.
2. Sh.R.P.Mishra, Enquiry officer, Retired CAO/IROAF, House no. M-101, Shatabdi Rail Vihar,
Sector - 62, Noida-201301(U.P.) Kindly stop the enquiry.
3. Sh.Y.K.Tyagi, PO, C/o GM/Vig, N.Rly, Baroda House, New Delhi for kind information and necessary action
Pleas

"""'

Dated: - 17/02/2015

Sh. R.P.Mishra, Enquiry officer,

Retired CAO/IROAF,
House no. M-101, Shatabdi Rail Vihar,
Sector - 62,

Noida-201301(U.P.)

"""'

Subject;- Request for pending the enquiry proceeding on account of

biasedness.
Ref;- 1. My letter dated 01/01/15 (Copy enclosed for ready reference )
2. Confidential Memorandum no. E/141/2235/Vig/E (D&A) Dated
12.11.2013.
Sir,
1. I have recd. Letter dated 10.02.15 of your honor in which you have fixed date of
enquiry for 27/02/15. In this context I may invite your kind attention to my letter
referred above in which I have requested the DA to change the IO on account of
biasedness. The letter is self explanatory.
2. Standing instructions, under the present circumstances of the case, stipulates
that IO on receipt of charge of biased against him should immediately pend the
enquiry proceedings and should wait for the decision of the Reviewing Authority.
3. As such to proceed the enquiry against the standing instructions is not in order.
It is therefore requested that the enquiry proceeding should be stopped till the
matter is decided by the reviewing authority.
Thanking you.
Yours sincerely,
(Virender Kumar)
CO and AMM/JUDW.
1. The General Manager, NRly, Baroda House, New Delhi for kind information please.
2 .Sh.Y.K.Tyagi, PO, C/o GM/Vig, NRly, Baroda House, New Delhi for kind information.
3. Dy. COS/NRly for kind intimation and in reference to his letter dated 16.02.15.