GULJAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner Mr.Guljar Singh was appointed as a Gangman in the Civil Engineering Department of Northern Railway. After several promotions, he was working as Inspector at Railway Station, Jhandiala, Punjab. On 3.6.1983 there was a rail accident in which last four wheels of the rear trolley of the last coach of a train got derailed, however, no one died in the said accident.

(2.) Disciplinary proceedings were initiated against the petitioner in respect of the said accident. During the course of the enquiry proceedings, the petitioner made an application dated 3rd December, 1984 to call five persons, namely, Nathu Ram, Chander handal, Budh Prakash, R.S.Mathur and joginder Singh, as defence witnesses. Later on by letter dated 24th January, 1985, this list was reduced and the petitioner informed the enquiry officer that he wanted to examine Mr.Budh Prakash, Mr.R.S.Mathur and the driver of the train as his defence witnesses. The enquiry officer was asked to arrange to summon the said witnesses and it was stated that unless these witnesses were examined it would be difficult for the petitioner to submit Defence note as these witnesses had great bearing on the charges made against him.

(3.) The enquiry officer rejected the said request of the petitioner vide his letter dated 4th February, 1985, which is reproduced below: - In reference to your letter No.15-G/85 dated 2.1.1984 it is intimated that Sh.R.S.Mathur then DEN/ASR has since retired from service. So it is not possible to arrange his presence at this stage. Further I have been instructed to finalize the said enquiry before 15th February, 1985 as per DEN's Order, it is therefore desired to please submit the defence note at the earlier so as to reach this officer on or before 10.2.1985.