MOHAMAD NINOO Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition, the petitioner has challenged the order passed by the Central administrative Tribunal rejecting his Original application seeking quashing of charge-sheet issued to him by the employer - Union of India (Indian Railway).

(2.) The petitioner was employed as temporary khalasi from 6/9/78 and as required by Regulation of the railway, he filled an attestation form furnishing true and detailed information about him to the railway administration. This was done on 23/9/79. In this attestation form there was no mention of his arrest or of his trial or of the result of Sessions Case No. 46/79.

(3.) After the sessions trial was decided, the result was communicated by the petitioner to the railway administration and as a consequence of that order, the administration proceeded to terminate the services of the petitioner. This was done without following process of natural justice. Obviously, the termination was stigmatic. The petitioner, therefore, filed a regular Civil Suit in the Court of Civil Judge, junior Division, Bhushaval challenging the order of termination. The termination was ordered on 22/2/1980. The suit was decided on 23/01/1984. The termination order was set aside on the ground that it is a termination followed by suppression of certain information and, therefore, principle of natural justice ought to have been observed. They were not observed. Hence the termination was unsustainable. It was discussed certain amongst surmises that there appears to be no suppression of fact by the petitioner. This judgment achieved finality on 13/11/1990 when the appeal preferred by the Union of India was rejected by the appellate Court.