G.H. BHANUSHALI Vs. UNION OF INDIA

JUDGEMENT

(1.) APPLICANT who has suffered an order of "Removal from Service" in a Disciplinary Proceeding, has filed this Original Application impugning the said order of punishment passed by the Disciplinary Authority, the President of India. The Review Application filed by the applicant against the above order of punishment was also dismissed by the President. Hence this Original Application. The Disciplinary Proceeding was initiated against the applicant while he was working as Assistant Secretary, in the Railway Recruitment Board, Mumbai under the Western Railway.

(2.) THE two Articles of Charge enumerated in Annexure A.III charge -sheet are extracted hereunder for the sake of convenience:

(3.) THE Enquiry Report and the representation submitted by the applicant were duly considered by the General Manager. Keeping in view the gravity of the charge and the finding entered in the Report, the General Manager recommended a penalty of removal from service on the applicant. But since the General Manager was not competent to impose such a penalty under the Railway Servants (Discipline and Appeal) Rules 1968, the matter was referred to the Railway Board for appropriate action. The Disciplinary Authority, the President imposed the penalty of "Removal from Service" after considering the advice of the Union Public Service Commission. As has been mentioned earlier, the Mercy petition/Review Petition submitted by the applicant was also rejected.