NANJUNDARADHYA Vs. ENQUIRY AUTHORITY

JUDGEMENT

(1.) The petitioner, a technician in the Railway Department of the Central Government, has questioned the legality of the order by which he was removed from service which order was confirmed in appeal but modified in revision only to the extent of taking him back to service as a fresh entrant.

(2.) The facts of the case, in brief, are as follows : During the year 1974, the petitioner was working as an Artisan Grade II at Mysore Railway Workshop. A departmental inquiry was instituted against him on the following charge" That the said Sri N. S. Nanjundaradhya, T. No. 1442 Electrical Shop CWS MYSS while functioning as highly skilled Artisan Grade II under Train lighting side dealing with volts supply system committed a malicious and inhuman intentional mischief, in that on 25-5-1974 at 0-750 hours during the course of his allotted POH work in the coach VPU 4887 stabled at the corner end of the point shop by manipulating the AC power supply 230 Volts from the nearest supply point of the water cooler through 2 wires endangered lives of other workmen coming in contact with the said coach. Thus he acted in a manner unbecoming of a Railway Servant and thereby contravened Rule 3(i) (ii) and (iii) of Railway Service Conduct Rules, 1966." After holding the inquiry, the petitioner was found guilty of the charge. The works manager, who was the disciplinary authority imposed the penalty of removal from service against the petitioner. He preferred an appeal to the Assistant Personnel Officer. The appeal was disposed of by the Assistant Personnel Officer by order dated 26-4-1977 (Annexure-H). The said order reads -

(3.) Sri M. Papanna, Learned Counsel for the petitioner, urged the following contentions ( i) The findings recorded on the charge was based on no evidence. (ii) The appellate order was not a speaking order and, therefore, liable to be quashed. (iii) The order in revision, in so far it directs that the petitioner should be treated as a fresh entrant in the Railway Department was without the authority of law.