SUKHDEV DAS S/O. LATE D. DAS Vs. UNION OF INDIA, REP. BY GENERAL MANAGER,CONSTRUCTION N.F.RAILWAY, GUWAHATI

JUDGEMENT

(1.) Heard Ms. S. Sarma, the learned counsel appearing for the writ appellant. The respondents are represented by Ms. U. Chakraborty, the learned standing counsel for the Railways.

(2.) The matter pertains to a disciplinary proceeding against the appellant who served as a Khalasi (TS) in the Office of the District Signal Telecommunication Engineers, N.F. Railway. The first termination order was issued against the employee on 14.09.1989 but this was not preceded by any charge memo or inquiry. The termination order however refers to the absence from duty by the employee, for a long period.

(3.) Long after the termination order of 14.09.1989, the charge memorandum was drawn up on 15.12.1992, under Rule 9 of the Railway Servants (Discipline & Appeal) Rules, 1968 and in that memo, the following article of charge was appended: