ABDUL KAFI KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) In this Rule, the petitioner has impeached the charge-sheet in Annexure 'B', the enquiry report in Annexure 'G' and the show cause notice in Annexure 'H', contending them to be bad, illegal, improper and issued in violation of principles of natural justice apart from contending that they were also in contravention of Railway Services Discipline and Appeal Rules 1968 (hereinafter referred to as the said Rules) and also of Article311 of the Constitution of India.

(2.) The petitioner has stated to have been appointed by the Divisional Superintendent, Eastern Railway respondent No. 3 on 23rd Jan. 1959 and at the time material to the issue of the Rule, he was working as a Switchman at Kechki in Bihar. He has also claimed to be permanent Class III staff. It appears that on 10th March 1974 Up Barwadih-Dehri-on-Sone-Mughalsarai Passenger, the driver of which was one Shri Musafit and Shri N. K. Pandey, was the guard, left Mangra Station and reached up Loop Line at Kechki at about 9.10 a.m. It has been stated that because of a fault at the relevant time in the overhead line, token less working between stations from Mangra and Chianki was suspended and paper line clear had been introduced. The petitioner at the material time was working as a Switchman in West Cabin, Kechki. He has stated to have given duly a slot to East Cabin and exchanged private number with the Station Master on duty. After arrival of the concerned train, the petitioner has stated to have gone to point No. 16, which was set for down main line to release the detector so that he could divert the train from up Loop Line to main line after reversing the lever point. The petitioner has alleged that during such operation the train started and he immediately ran with the red flag for stopping the same. The petitioner has also stated that he asked one Shri Babulal, the relieving Switchman, who was present at that time, to show danger signal to the train. But all these attempts failed and the concerned train entered into the sand-hump and the engine was derailed. It is the case of the petitioner that neither any bogie was derailed nor there was injury to any person. However, the passengers of the train became very angry and furious and they started chasing the petitioner and he in fear and for the purpose of saving him from the onslaught of the passengers, fled away from the place.

(3.) There was an on spot enquiry and a report by the enquiry committee to the following effect: