CH. SUNDARAIAH Vs. GENERAL MANAGER, SOUTH CENTRAL RAILWAY

JUDGEMENT

(1.) The present Writ Petition is filed to quash the Order dtd. 29/8/2008 dismissing O.A.No.678 of 2007 on the file of the Central Administrative Tribunal, Hyderabad Bench at Hyderabad.

(2.) The facts leading to filing of this Writ Petition are as under:- The petitioner was appointed on compassionate grounds as Carriage and Wagon Khalasi on 7/8/1984 and was posted at Bitragunta. The applicant after working as Carriage and Wagon Khalasi from 7/8/1984 to 29/3/1993 was promoted as Khalasi Helper. While working as such, the petitioner was issued a Charge Memorandum on 3/10/2000 alleging that the petitioner committed serious misconduct as he did not carry out the instructions of the superiors and acted in the manner and becoming of a Railway Servant.

(3.) Pursuant to the enquiry, the petitioner was imposed a penalty of reduction with layer grade of Khalasi for a period of one year (non-recurring). Aggrieved thereby, the petitioner filed O.A.No.1530 of 2002 after confirmation of the orders of penalty in Departmental Appeal and Revision. The Tribunal vide Orders dtd. 29/4/2003 set aside the penalty orders and directed that the petitioner be continued as Basic Fitter i.e. the post he was holding at the time of issuance of Charge Memo with immediate effect. The order attained finality as the Department accepted the order of the Tribunal.