A.Z. KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) APPLICANT in this Original Application has approached this Tribunal challenging the order of punishment of dismissal imposed on him, as a result of disciplinary proceedings started against him by the respondents, viz., the Railway Authorities as well as the orders of the Appellate Authority as well as the Reviewing Authority. The short facts of the case, as revealed from the record, are that the applicant was working as Loco Pilot under the Crew Controller, Jakhapura. On 10.2.2009, while he was working in the Train No. MD/JRP -23, he stopped the train at Badabandha (BDBA) foot of the starter on main line with starter green and declared long hours. He was advised to proceed up to Pardeep as per JPO, but he refused to work further on the plea of long hours. The Station Superintendent, Badabandha served SCR Order No. 12 on the applicant and accordingly, he shut down the power and handed over the operating handles to on duty SS/BDBA and piloted to Pardeep by 7 CP. It was alleged therefore, that he had taken the plea of long hours and thus violated the Item No. 4 of JPO No. 6 dated 2.9.2005 and Rule 3.1(ii) of the Railway Services (Conduct) Rules, 1966. The charge sheet which is enclosed as Annexure -A/I to the O.A. was received by the applicant on 7.3.2009. The applicant submitted explanation to the charge sheet on 16.3.2009 and on 13.5.2009, the Disciplinary Authority appointed Inquiry Officer in order to enquire into the charges. The I.O. vide notice dated 25.6.2009 wanted the applicant to attend the preliminary enquiry on 3.7.2009. On the date of the preliminary enquiry, two weeks' time was granted to the applicant to submit the name and consent of the defence Counsel before 17.7.2009. The regular sitting of the inquiry was fixed to 25.8.2009 by the Inquiry Officer. Applicant and his defence Counsel attended the regular sitting of the inquiry along with two Prosecution Witnesses, viz. Junior Loco Inspector, Jakhapura and Asst. Loco Pilot, Jakhapura. The I.O. examined the applicant/charged official and the Prosecution Witnesses were also cross -examined by the defence Counsel during the regular sitting of the inquiry. The applicant was given all the reasonable opportunities by the I.O. to defend his case during the course of inquiry. The inquiry was closed on that date and the applicant was advised by the I.O. to submit his defence statement, if any, within 15 days. On 6.9.2009, the applicant submitted his defence brief to the I.O. On 8.9.2009, the I.O. submitted his inquiry report in which he substantiated the charges levelled against the applicant. The Disciplinary Authority, viz., DME, Khurda Road, after accepting the inquiry report, supplied copy of the same to the applicant along with letter dated 15.9.2009 calling upon him to submit his final defence statement. After receiving the same, the applicant submitted his final representation dated 10.10.2009 to the Disciplinary Authority, who passed a final speaking order on 28.12.2009, which is quoted below.

(2.) THE Disciplinary Authority decided that the applicant/charged official does not deserve to remain in the Railway service and imposed the penalty of dismissal from Railway service in view of the gravity of the charges for violation of JPO No. 6 as well as Rule -3.1(ii) of Railway Services (Conduct) Rules, 1966. Accordingly, punishment notice dated 12.1.2010 was issued by the Disciplinary Authority dismissing the applicant from Railway service with immediate effect and the said notice was acknowledged by the applicant on 12.1.2010.

(3.) HENCE , the applicant has moved this Tribunal in the present O.A. in which he has prayed that the notice for imposition of punishment of dismissal from service, the speaking order of the Disciplinary Authority, the speaking order of the Appellate Authority and the speaking order of the Reviewing Authority, copies of which have been placed at Annexures -A/8, A/11 and A/13 respectively, may be quashed and the respondents may be directed to reinstate the applicant in his former post along with full benefits of back wages.