LAXMAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is aggrieved by the order of the Central Administrative Tribunal (CAT/ Tribunal) dated 02.05.2012 dismissing O.A. No. 1546/2011. In that application, he had questioned the rejection of the revision, preferred by him consequent upon his acquittal recorded by the Criminal Court in the proceedings launched against him in the aftermath of a fatal accident, which resulted in loss of lives. The Criminal Court's judgment was rendered on 21.11.2008.

(2.) THE facts are that the petitioner was working as Diesel Assistant when on 15.12.1992 in an accident, between two stations Munda Pandey and Rampur, several people died; they were travelling in buses. In major penalty proceedings initiated against the petitioner, it was contended on behalf of the delinquent employee that there was poor visibility; that the signal was not visible; and that the accident was unintended. The petitioner was placed initially under suspension, which was subsequently revoked. By the initial penalty order, he was sought to be removed on 28.02.1994; his appeal succeeded partly in that penalty of removal from service was substituted to reversion to the post of Fitter (Loco) in the grade of Rs. 950 -1500 with permanent effect. The appellate order stated as follows:

(3.) THE criminal prosecution initiated against the Driver and the petitioner concluded on 21.11.2008. The Additional Sessions Judge convicted the Driver and sentenced him to undergo imprisonment; the petitioner was, however, acquitted.