P.R. RAMNATHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) DISCIPLINARY proceedings were initiated against the applicant under Rule 9 of the Railway Servants (Discipline and Appeal) Rules, 1968 while he was working as Senior Section Engineer under the Western Railway. Annexure A.2 charge -sheet was served on the applicant on the eve of his retirement on October 31, 2001. The Articles of Charge in Annexure A.2 Memorandum of Charge dated October 30, 2001 are extracted hereunder:

(2.) A departmental enquiry was held after considering the statement filed by the applicant in response to the above chargesheet. The Enquiry Officer held that Charge No. 1 was partly proved and Charge No. 2 was fully proved.

(3.) IT is contended by Mr. G.S. Walia who appears for the applicant that the above order is wholly illegal, arbitrary and unjust inasmuch as it has been passed on the basis of uncorroborated evidence and in gross violation of the settled principles of law. He contends that the Enquiry Officer had arrived at his conclusions on the basis of conjectures and surmises. Those conclusions were blindly accepted by the Disciplinary Authority without any application of mind. The advice given by the Union Public Service Commission was never communicated to the applicant in advance. Apparently the Disciplinary Authority had acted on the advice of the Commission. More importantly the inordinate delay of for more than four years in initiating the disciplinary proceedings had totally vitiated by the disciplinary proceeding. In short, it is submitted by the learned Counsel that Annexure A.I order is ex facie illegal and unsustainable.