RAMCHANDRA GOVINDRAO GAIDHANI Vs. UNION OF INDIA

JUDGEMENT

(1.) In this Petition filed under Articles 226 and 227 of the Constitution of India, the petitioner assails the judgment of the Central administrative Tribunal, Mumbai Bench, mumbai dated December 14, 1998, whereby the Tribunal dismissed the Original Application no. 413/1997 preferred by the petitioner.

(2.) The petitioner was dismissed by an order dated October 15, 1990 consequent to disciplinary proceedings. Against the said order, he had filed an appeal and the departmental Appellate Authority rejected the said appeal. The petitioner, therefore, approached the Tribunal in the above mentioned Original Application. The Tribunal after considering the enquiry proceedings, the findings of the enquiry officer and the rival contentions of the parties held that the order of dismissal did not suffer from any infirmity and the petitioner was rightly awarded the punishment of dismissal.

(3.) The petitioner was in the employment of Railway from 1956 as a Driver 'a' grade in bhusawal Division of the Central Railway. On january 25, 1990, the petitioner was driving passenger train No. 1354 UP. Due to careless and negligent driving of the petitioner, he passed the UP Home Signal of Niphad Station in danger position and side collided with Down dto Jumbo Goods rake. As a result of the said collision, damage of Rs. 2,88,000/- was caused to the coaches, wagons and loco of the train. The petitioner was issued a charge- sheet on account of the said accident alleging violation of GR 3. 78 (i) , GR. 380, SR 80 (l) (a) , GR 4. 22 (2) , GR 4. 8 and SR 4. 22-1. The petitioner was also charged of committing serious lapses of safety and very careless and negligent driving. The petitioner had denied the charges and, therefore, a domestic enquiry was conducted and on the basis of the findings recorded by the enquiry officer holding that the charges were duly proved, the petitioner is awarded punishment of dismissal.