ANUPKUMAR S/O SHIVLAL PAISADELY Vs. GOVERNMENT OF INDIA, THROUGH ITS GENERAL MANAGER, S E RAILWAY, GARDEN REACH, KOLKATA

JUDGEMENT

(1.) The order delivered by Central Administrative Tribunal on 27th January, 2004 in OA No. 2044 of 2002 dismissing it, is questioned by petitioner in present matter. After departmental enquiry, by order dated 08th December, 2001, he has been compulsorily retired. In OA, he questioned it unsuccessfully.

(2.) For very same incident, a criminal prosecution was also instituted. Court of JMFC (Railways), Nagpur has acquitted him vide judgment delivered on 12.11.2007. It is not in dispute that he has reached the age of superannuation on 31st July, 2018.

(3.) It is in this backdrop, Advocate Pandey on behalf of the petitioner submits that proceedings in departmental enquiry were exparte and petitioner never received any notice for appearance before Enquiry Officer. As such, he could not participate and crossexamine prosecution witness or then lead evidence in defence. Therefore, the procedure adopted in departmental enquiry is in violation of principle of natural justice and hence enquiry report or then order of compulsory retirement based upon it are liable to be quashed.