DHARAMNARAYAN RAMSIROMAN Vs. DIVISIONAL SECRETARY COMMSSIONER

JUDGEMENT

(1.) HEARD Shri Chaubey, Advocate for the Petitioner and Shri Chandurkar, Advocate for the Respondents.

(2.) BY this writ petition under Arts.226 and 227 of Constitution of India, the Petitioner, art employee of Respondents (Railways) challenges the punishment of reversion inflicted upon him after Departmental Enquiry. He has also prayed for payment of full salary for the period of suspension i.e. between 17.6.1986 to 30.12.1988.

(3.) SHRI Chaubey, Learned Counsel for the Petitioner contended that the alleged theft has taken place on different site which was not included within the beat (duty area) of Petitioner. He further contended that the charge in the departmental enquiry was only of negligence in performance of duty. He further contended that considering the evidence on record, the Enquiry Officer exonerated him and Respondent No. 1 -Disciplinary Authority erred in reversing the said finding of Enquiry Officer. He further pointed out that even in criminal trial, there is absolutely no evidence against him and the Petitioner was honourably acquitted. He contended that in such circumstances, the order of punishment deserves to be quashed and set aside.