UNION OF INDIA Vs. GIRISH CHANDRA NATH

JUDGEMENT

(1.) Heard Ms. U Das, the learned Railway Advocate representing the petitioners. The respondent is represented by the learned counsel Mr. S Dutta.

(2.) The subject matter of this case is a disciplinary proceeding which the respondent faced, while he was serving as the Assistant Station Master in the Kamakhya Railway Station. Following the averted collision of two trains running on the same track from the opposite direction on 12.12.2001, the respondent was placed under suspension and disciplinary proceeding was drawn up on charge of negligence of duty. When the charges were found proved in the enquiry, the disciplinary authority through the order dated 18.2.2003 (Page-21) imposed the penalty of removal from railway services, on the delinquent. The appellate authority after due consideration approved the penalty through the order dated 29.7.2003. This led to filing the OA No. 248/2005 by the delinquent in the Central Administrative Tribunal, Guwahati (hereinafter referred to as the 'Tribunal').

(3.) After due consideration of the case of both sides, the learned Tribunal noted that the Railway safety system was faulty and therefore full blame for the averred collision cannot be attributed wholly to the applicant. The Tribunal also observed that only because the delinquent was alert, the head-on collision of the two trains could be averted. Thus, the punishment was considered to be disproportionate and accordingly the matter was remanded back to the disciplinary authority for imposition of lesser punishment of withholding of 3 increments with no promotion for 5 years, without any back wages.