DINESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner had filed an Original Application (in short OA) bearing No. 1658/92 before the Central Administrative Tribunal (hereinafter called the Tribunal). According to him removal of his service was against the law as reasonable opportunity was not afforded to him. The enquiry held was in violation of the principle of natural justice. That the Disciplinary Authority flouted the law.

(2.) Briefly stated the facts are that petitioner was engaged as Hot Weather Waterman in May, 1978. He performed that job with broken periods. In June, 1988 he was substituted as Loco Cleaner and posted under Loco Foreman, Northern Railway, Moradabad. It was at Moradabad that a charge-sheet for major penalty was issued against him. Enquiry Officer submitted his report on 22nd August, 1991. The Disciplinary Authority acting on that report removed him from service vide order dated 6th September, 1991. Aggrieved by that order of removal, the OA was filed which has been dismissed by the Tribunal by the impugned order dated 18th September, 1997. Review application filed has also been dismissed vide order dated 13th November, 1997. Being not satisfied he has approached this Court by way of this writ petition.

(3.) The short point for consideration is whether the order of removal from service could be straightaway passed relying on the report of Enquiry Officer without first forming tentative opinion and giving the delinquent officer an opportunity to represent against the said report. Admittedly the Disciplinary Authority after receipt of the Enquiry Officer's report removed him from service vide letter dated 6th September, 1991. With this letter "Report" was endorsed. The said letter imposing penalty of removal reads as under :