UNION OF INDIA Vs. JAGDISH PRASAD

JUDGEMENT

(1.) JOINING service under the Indian Railways as a Goods Clerk on June 30, 1980, the respondent was promoted to the post of Goods Supervisor on July 02, 2004, a post in the pay scale Rs.5500-9000 by the Divisional Railway Manager, but it appears that the formal communication was sent under the signature of Senior Divisional Commercial Manager. It is trite that it is the order passed on the file which determines the authorship thereof and not the ministerial function of sending a communication pertaining to the same.

(2.) ON July 28, 2008 a Memorandum of Charges was served on the respondent alleging misconduct. The Articles of charge read as under:-

(3.) WITH reference to the defence, the respondent led no evidence that in the past 4-5 railway employees had been killed by the mafia. But to be fair to him, we must note that he relied upon a communication sent by him through courier on February 11, 2005 giving information that an irregularity in the form of distance mentioned in the Railway Receipt was recorded incorrectly. Therefrom, the respondent sought to establish his bona fides.