M. MUTHUKARUPPAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition is filed for a Writ of Certiorari cum Mandamus to quash the Order dtd. 23/10/2018 of the 5th Respondent in O.A. No. 1886 of 2016 and consequently direct the Respondents to release all the monetary and service benefits payable on the date of superannuation with accrued appropriate commercial interest from the due date till the date of realisation.

(2.) The Petitioner was selected for appointment as an Assistant Signal and Telecommunication Engineer in the Junior Scale and joined the Southern Railway on 2/11/1979. He was thereafter promoted to the post of District Signal and Telecommunication Engineer in the Senior Scale on 9/3/1984 and thereafter to the post of Deputy Chief Network Manager on 30/11/2002 in Junior Administrative Grade in the Department of Freight Operation Information System and served in the Department till 30/6/2003. It is stated that a charge memorandum dtd. 28/12/2004 was issued to the Petitioner in respect of the following charges:

(3.) On receipt of the said charge memo, the Petitioner submitted representations dtd. 29/12/2004 and 24/2/2005. In the latter representation dtd. 24/2/2005 the Petitioner denied all the five charges. After considering the representations of the Petitioner and other relevant documents, the Disciplinary Authority, namely, the General Manager, Southern Railway ordered an enquiry on 6/5/2005. This preliminary hearing before the Enquiry Officer, namely, Shri R. Viswanathan was attended by the Petitioner. At the said preliminary meeting, the charged officer, namely, the Petitioner herein admitted that he received the charge memo along with its annexures and that he understood the charges but denied the same. At the said hearing, he also submitted a letter dtd. 20/7/2005 requesting that a particular witness should be deleted and certain listed documents signed by the said witnesses should also be removed from the purview of the enquiry.