VISHNU PRASAD TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been preferred under Article 226/227, Constitution of India against the order dated 6.3.2007 passed by the Central Administrative Tribunal, Jabalpur in Original Application No. 292/2006 (Annexure P-1) dismissing the Original Application of the petitioner, whereby it has been observed that orders passed by the Senior Divisional Electrical Engineer, West Central Railway, Bhopal on 26-27th July, 2005, order passed by Additional Divisional Railway Manager, West. Central Railway Bhopal the aforesaid order in Revision on 5.1.2006 deserve no interference. Facts in short are that petitioner on 15.10.1986, was engaged as casual temporary labour on the basis of his Casual Labour Card No. 260898, subject to its verification. Later on disciplinary proceeding was initiated under Rule 9 of Railway Servant (Discipline & Appeal) Rules, 1968, on the allegation that he obtained his employment on the basis of a forged Casual Labour Service Card No. 260899. In disciplinary enquiry, charge was found proved. Vide order dated 25.7.1994, punishment of removal from service was imposed. Said order was assailed in revision by the petitioner but was of no avail.

(2.) The petitioner approached Central Administrative Tribunal in O.A. No. 100/1996. Vide order dated 15.3.2002. Original Application was allowed and department was directed to reinstate the petitioner with a liberty to resume the departmental enquiry. Aforesaid order was assailed by the department in this Court in W.P. No. 2768/2002. Vide order dated 12.3.2004. Appellate Authority was directed to pass a well reasoned order after hearing both the parties.

(3.) In compliance of aforesaid direction and after affording opportunity of personal hearing vide order dated 26/27 July, 2005. Appellate Authority maintained the penalty of removal of the petitioner from service. The petitioner challenged this order in revision. Revision was dismissed. Petitioner then approached the Tribunal. Vide impugned order Original Application filed by the petitioner was dismissed. Being aggrieved petitioner files this petition.