UNION OF INDIA Vs. MUNSHI PRASAD

JUDGEMENT

(1.) HEARD Sri A.K. Gaur, learned Counsel for the petitioners and Sri Bhagirathi Tiwari, learned Counsel appearing on behalf of the respondents. By means of the present writ petition, the petitioners have challenged the order of tribunal dated 12.5.2008 passed in Original Application No. 53 of 2006 filed by the respondent No. 1 (hereinafter referred to as "respondent").

(2.) BRIEF facts of the case are that the respondent was appointed as Khalasi in the year 1976 in Railway. It appears that by order dated 17.2.2004 passed in complaint, case No. 664 of 1991 under section 3 of the Railway Property (Unlawful Possession), Act 1966 (hereinafter referred to "R.P. (U.P.) Act"), the respondent has been held guilty and convicted for two years simple imprisonment and has been awarded a fine of Rs. 2,000/ - by Additional Chief Judicial Magistrate, Gorakhpur. After the conviction, a show cause notice has been issued to the respondent on 3/5.11.2005, under Rule 14 (i) of Railway Servants (Discipline and Appeal) Rules, 1968, proposing to impose the penalty of removal from service. The respondent filed the reply. On consideration of the reply, the order dated 18.1.2006 has been passed whereby the respondent has been removed from service.

(3.) IT appears that subsequently the respondent has been acquitted by the Appellate Court vide order dated 7.3.2009. The copy of the order of Appellate Court is annexed alongwith affidavit dated 2.1.2013. Now the respondent has retired on 31.3.2011.