RAM PRAKASH Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) This writ petition is filed for quashing and setting aside the order dated 25.03.2015, passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.1556/2012.

(2.) The brief facts of the case are that the petitioner Ram Prakash, who was a Loco Pilot Passenger/Diesel of the working train No.4724 Dn Kalindi Express was charge-sheeted for the collision of the said train with the rear end of train No.2452 Shram Shakti Express at km No.1251/8-6 on 16.01.2010 between Mitawali and Tundla. The collusion had taken place despite 100% brake power on the working train. The signaling systems between Mitawali and Tundla were also in working order. The visibility being maximum 50 meters only, in terms of the G & SR Rule No.9.02, the petitioner as a loco pilot was required to exercise extreme caution and keep the speed limit of the train below 8 Kmph. The speedometer had shown that the train manned by the petitioner had accelerated to the speed of 29 Kmph just before the collusion took place. Further, the train had passed the last stop automatic signal No.502 in 'ON' condition, after stopping for a period of 2 minutes 16 seconds. These acts of carelessness and lapses on the part of the petitioner had caused 4 deaths, grievous injuries to 9 passengers, and injuries to 8 others.

(3.) The Commissioner of Safety, Railway conducted an enquiry and in his report held that the petitioner was responsible for the accident. Subsequently, a memorandum of charge dated 208.2010 for major penalty, i.e., SF-5 was issued to the petitioner, which read as under: "On 16.01.2010 the said Shri Ram Parkash, LPM/DLI while working Train No.47.4 Dn Kalindi Express with Diesel Locomotive No.13438/WDG-3A is held responsible for rear end collision of 2452 Dn. Shramshakti Express with 4724 Dn. Kalindi Express at Km. 1251/8-6 between Mitawali and Tundla stations on GZB-TDL section of ALD division, North Central Railway at about 8.10 hrs. occurred due to violation of G & SR No.9.02. By the above act of omission and commission Shri Ram Parkash, LPM/DLI failed to maintain absolute integrity exhibited lack of devotion to duty and acted in a manner unbecoming of a Railway servant. Thereby contravened Rule No. 1(ii) & (iii) of Railway servant conduct rule 1966."