UNION OF INDIA Vs. K VIJAYARAGHAVAN

JUDGEMENT

(1.) AGGRIEVED by the order of Central Administrative Tribunal(CAT), Ernakulam Bench wherein CAT directed to release all the benefits accrued to the applicant, as if Annexures A2 and A3 were not issued at all, and further directed to proceed with the enquiry from the stage of consideration of objections filed by the applicant to the enquiry report, this Original Petition is filed by the respondents in the O.A.

(2.) ACCORDING to the petitioners, there were serious charges against the respondent and there was no justification in the finding of the authority concerned that there is no proper assessment of evidence as to the charge of not calling out the aspects of signals against the respondent. The entire materials brought before the Enquiry Officer ultimately pointed out only unauthorised entry and not calling out the aspect of signals to the Loco Pilot. Subsequent to the serving of a copy of enquiry report directing the respondent to submit objection statement if any, though the respondent sought extension of 4 days time on the ground of hospitalisation, such extension of time was not granted. Though the applicant/respondent raised several issues including violation of principles of natural justice, disciplinary authority did not refer to any of the points raised by the respondent and proceeded to issue penalty order without waiting for the defence statement. This was opined as violation of principles of natural justice and we do not have any second opinion so far as the opinion of CAT.

(3.) IN that view of the matter, looking at the direction given by CAT, we are of the opinion, no prejudice whatsoever is caused to the petitioners as the petitioners are at liberty to proceed further from the stage of consideration of objections filed by the respondent applicant and do the needful in the light of the observations made as stated above. Under these circumstances, we are of the opinion, the Original Petition does not warrant any interference and accordingly dismissed.