UNION OF INDIA Vs. MOHAMMEDMIYA M KAZI

JUDGEMENT

(1.) The petitioners " Union of India and Divisional Railway Manager have challenged in this petition the impugned judgment and order dated 17.10.2001 passed by the learned Central Administrative Tribunal (for short `the Tribunal') in Original Application No.446 of 1996 whereby the learned Tribunal allowed the application filed by the respondent " original applicant and quashed and set aside the impugned orders of penalty dated 8.5.1995 passed by the Disciplinary Authority and the order dated 16.5.1995 and awarded all the consequential benefits of service to the original applicant.

(2.) Ms.Avni Mehta learned counsel for the petitioners vehemently submitted that once the Inquiry Officer found in the inquiry against the delinquent that he was rash and negligent in driving the train and that the Disciplinary Authority concurred with that finding, then it was not open to the Tribunal to interfere with such findings in application filed by the original applicant and to quash and set aside the order of penalty by holding that there was no negligence on the part of the original applicant. Before appreciating the aforesaid submission made by Ms.Mehta, few relevant facts are required to be stated, which are as under :- The original applicant was working as A/C Driver `C' in Electric Locomotives at Ahmedabad in Elec./Mech. Deptt. in Baroda Division, Western Railway. He was served with the charge sheet to the effect that;

(3.) On receipt of the charge sheet, the original applicant submitted his reply and contended that while he was working as Goods Train Driver he passed home signal No.4/30 at Danger due to signal misunderstanding and he controlled the train in time, but due to either brake power being poor or less amount of CMS of Vacuum in rear HVG, he overshoot the signal by few feet only. When the incident had taken place, joint observation of brake power was not taken by the Inspector who recorded the statement. Due to the poor power brake and misunderstanding of the signal on his part, such an incident had happened for the first time in his long service of 33 years.