RAM SARAN PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Siddhartha Varma, learned counsel for the petitioner and Sri Govind Saran, learned counsel for the respondents.

(2.) Ram Saran Prasad, has filed the present writ petition for quashing of orders dated 6.9.2009, imposing the punishment of dismissal; 3.12.2009, whereby his appeal was dismissed and 12.1.2010, wherein Original Application No. 34 of 2010, filed by him before the Central Administrative Tribunal, Allahabad Bench, Allahabad was dismissed.

(3.) The petitioner was a Railway Guard. It was alleged that while reporting for duty for Train No. 567- UP at 17.03 hrs on 5.9.2009 at Chhapra Station, he did not sign the relevant register, thus escaped the breath analyzer test. Further it was alleged that when the train reached Ballia station on 5.9.2009, the petitioner was found in an inebriated stage. The media personnel present at the station, were alleged to have been abused by the petitioner when they attempted to interview him. Although, the Station Superintendent, Ballia station attempted to conduct a medical test by calling the pharmacist at Ballia station, but the petitioner instead of cooperating with the medical staff, fled away from the scene. A first information report was also lodged by Station Superintendent, Ballia against the petitioner with G.R.P. & R.P.F. on 6.9.2009 in respect of the alleged incident dated 5.9.2009. The report alleged that the petitioner refused to undergo the alcohol test and weilded threats to the witnesses present, if they dared to depose against him. The report also alleged that although an attempt was made to collect the names and statements of the independent witnesses, but for fear of reprisal, none came forward.