Dilip Singh Chauhan S/O Mohan Singh Chauhan v. Union Of India Throu. Sec. Railway Board And ORS

41-WP.17774.2024.doc JVS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17774 OF 2024 Dilip Singh Chauhan } Petitioner versus Union of India & Ors.

} Respondents Mr. Rahul Walia, Advocate for the Petitioner. Mr. Suresh Kumar, Advocate for the Respondents.

CORAM:

SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE:

10th NOVEMBER 2025 P.C.:

The following prayers were made in the Original Application No. 412 of 2016 by the petitioner: - "(a) This Hon'ble Tribunal will be pleased to call for the records and proceedings which led to the passing and issuance of the impugned order/Chargesheet dated 14.10.2015 i.e. Annexures "A1" and after going through its propriety, legality and constitutional validity be pleased to quash and set aside the same.

(b) This Hon'ble Tribunal will be pleased to call for the records and proceedings which led to the passing and issuance of the impugned order dated 29.12.2015 i.e. Annexures "A2" and after going through its propriety, legality and constitutional validity be pleased to quash and set aside the same.

(c) This Hon'ble Tribunal will be pleased to hole and declare that the Applicant cannot be issued a Chargesheet and that he cannot be proceeded against in a departmental proceedings under Railway Servants (Disciplinary and Appeal) Rules, 1968 while he functioned as an Arbitrator under the Arbitration and conciliation Act, 1996. (d) This Hon'ble Tribunal will be pleased to order and direct the Respondents to release all retirement dues of the Applicant i.e. DCRG, Regular Pension and leave Encashment etc of the Applicant forthwith and continue to pay the same with 18% interest on the withheld amount till the actual payment is made.

(e) Any other or further order or orders as this Hon'ble Tribunal may deem fit, proper and necessary in the facts and circumstances of the case.

(f) Costs of this Original Application may be provided for."

41-WP.17774.2024.doc 2.

Mr. Rahul Walia, the learned counsel for the petitioner submits that the prayer as framed under Clause No. (d) was not adjudicated by the Tribunal.

3.

However, there is no statement made in this writ petition that the said prayer was agitated before the Tribunal when the Original Application No. 412 of 2016 was finally heard and decided by an order pronounced on 28th June 2024.

4.

In that view of the matter, leaving liberty with the petitioner to file an appropriate application/petition for review, Writ Petition No.17774 of 2024 is disposed of without adverting to the merits of JAYANT VISHWANATH SALUNKE the matter.

JAYANT VISHWANATH SALUNKE Date: 2025.11.11 19:07:21 +0530 [GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE]