RAM GOPAL Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Heard Sri Dharam Pal Singh, learned Senior Counsel, assisted by Sri S. Niranjan, learned counsel for petitioner and Sri Vijay Kumar Singh, counsel for respondents.

(2.) This writ petition under Article 226 of Constitution of India has come up assailing judgment and order dated 16.09.2005 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad (hereinafter referred to as 'Tribunal') in Original Application no. 452 of 1999 whereby petitioner's challenge to order of removal dated 19.06.1997 and appellate order dated 18.12.1997 has failed.

(3.) Petitioner was initially employed as Muster Roll Casual Labour in 1976 and then regularized in 1988. On 04.02.1995 while posted under Assistant Engineer (North), Mathura Junction petitioner was placed under suspension. At that time he was working as Gangman. Thereafter in exercise of power under Rule 14(ii) of Railway Servants (Discipline and Appeal) Rules, 1968 (hereinafter referred to as Rules 1968 ) disciplinary authority passed order of removal holding that regular enquiry against petitioner is not reasonably practicable since none is ready to tender evidence for fear of attack on his life as petitioner was involved in criminal activities of threatening and manhandling, officers of Railway.