LAWS(APH)-2006-12-128

PURUSHOTTAM Vs. SENIOR DIVISIONAL COMMERCIAL MANAGER

Decided On December 18, 2006
PURUSHOTTAM Appellant
V/S
SENIOR DIVISIONAL COMMERCIAL MANAGER Respondents

JUDGEMENT

(1.) AGGRIEVED by the order of the Central Administrative Tribunal, in O.A. No. 1888 of 1999, dated 20 July 2001, and R.A.No. 68 of 2001, dated 16 October 2001, Sri Ch. Purushotham, erstwhile Train Conductor Guard, South Central Railway, Vijayawada has preferred this writ petition.

(2.) THE petitioner joined as a ticket collector on 10 May 1976. He was initially promoted as a senior ticket collector in 1979, thereafter as a travelling ticket examiner in 1982, and as a head travelling ticket inspector in 1995. During the period when he was discharging the duties of a travelling ticket inspector in the AC chair cars of Train No.7245 Ratnachal Express, running between Visakhapatnam and Vijayawada, he was issued chargememo, dated 18 March 1997, containing two articles of charge.

(3.) THE enquiry officer, in his report, noted that the petitioner had submitted his explanation, to the chargememo, dated 18 March 1997, on 20 October 1997, that he did not put forth any defence during the enquiry (either oral or in the form of a statement), that he did not submit his defence brief despite being given an opportunity by the enquiry officer to do so, and that he had categorically refused to answer any one of the enquiry officer 's questions during general examination. The enquiry officer held that no defence was highlighted by the petitioner during or after completion of the enquiry and as such he was constrained to discuss the evidence based on the available documents/oral evidence on record.