SUDHIR YASHWANT RANE Vs. UNION OF INDIA

JUDGEMENT

(1.) IN all these OAs, the applicants have challenged the order dated 3.3.2007 passed by the Works Manager (C), Central Railway Workshop, Parel, Mumbai imposing upon the applicants penalty of "Dismissal from Railway Service", as well as, the orders dated 24.8.2009 and 1.3.2011 passed by the Appellate Authority and the Revisional Authority confirming the order of dismissal dated 3.3.2007. The facts involved in all these cases are similar. The applicant's had put in 12 years of service as Khalasi from 27th October, 1994 to August, 2005. The applicants case is that they were initially working as Casual Labour under Permanent Way Inspector (Maintenance) [for short, PW 1(M)], Bhiwandi Road. After assessment of the applicants' suitability and after screening test for the post of Khalasi in Group "D" category, the applicants were absorbed as Khalasi under Sr. Electrical Engineer, Central Railway, Parel Workshop. On 13.8.2005, a Memorandum of charge sheet were issued to all the applicants with the following charges:

(2.) THE applicants denied all the charges by submitting representation. A departmental inquiry under Rule 9 of the Railway Servant (Discipline & Appeal) Rules, 1968 was conducted against all the applicants. Ten documents were relied upon documents annexed to the charge sheet. The relied upon documents were produced during the course of inquiry.

(3.) THE statement before the Vigilance Officer was forcibly extracted from the applicants by a GRP Constable by threatening to send them behind the bars. The applicants have alleged that the regular inquiry was abruptly concluded on one date viz. 17.7.2006. The could not nominate any Defence Assistance to present defence case in the inquiry. The Inquiry Officer relied on the documents Exhibit P -1 to P -9, but none of the documents were proved in the inquiry. In his examination -in -chief the prosecution witness, the vigilance officer merely stated that "I have gone through the relied upon documents and confirm that they are the same".