G. DHAYALAN Vs. THE SENIOR DIVISIONAL ELECTRICAL ENGINEER, UNION OF INDIA, SOUTHERN RAILWAY, MADRAS DIVISION, NGO ANNEXE BUILDING, PARK TOWN, CHENNAI 600 003

JUDGEMENT

(1.) Challenge in this writ petition is to an order passed by the Central Administrative Tribunal, Madras Bench, Chennai, in O.A.No.280 of 2011, dated 27.03.2014, by which, the Tribunal has declined to quash the order, dated 16.11.2010, of the Senior Divisional Electrical Engineer, Southern Railway, Madras Division, Chennai, the first respondent herein, confirming the orders of the Divisional Electrical Engineer, Southern Railway, Madras Division, Chennai, the second respondent herein, dated 28.07.2010 and the Assistant Divisional Electrical Engineer, Southern Railway, Madras Division, Chennai, the third respondent herein, dated 19.11.2009 and consequently, declined to direct respondents 1 to 3 herein, to reinstate the petitioner in service, with all consequential benefits.

(2.) Short facts leading to the writ petition are that the petitioner was appointed as a temporary Khalasi, on compassionate grounds, in the Electrical General Services, Madras Division, by an order, dated 31.03.1994. A Charge memo, dated 02.05.2007, was issued to the petitioner, to wit that, he had secured appointment on compassionate grounds on 06.04.1994, as Khalasi, fraudulently in Railways, by suppressing the fact of the earlier appointment of his elder brother, Mr. G.Sanjeevi, in Railways on 16.09.1991, who got appointment on the very same grounds, consequent to the demise of his father, Mr. P.C.Gopal, Ex. Fitter/HS.II/TNPM and by the above said act, the petitioner has failed to maintain absolute integrity and acted in a manner unbecoming of a Railway servant and thereby, violated Rule 3.1(i) and (iii) of the Railway Services (Conduct) Rules, 1966.

(3.) The petitioner submitted his explanation, denying the charge. His explanation was not accepted and an enquiry officer was appointed. The enquiry officer submitted his report, holding the charge, as proved. Copy of the enquiry report was furnished to the petitioner, by letter, dated 16.03.2009 and on 06.04.2009, the petitioner submitted his representation to the enquiry officer's report. Going through the material on record and accepting the enquiry officer's report, vide order, dated 19.11.2009, the Assistant Divisional Electrical Engineer, TL, Southern Railway, Madras Division, Chennai, the 3rd respondent herein, removed the petitioner from service.