LAWS(GAU)-2009-6-57

SAYED MANSUR ALI Vs. UNION OF INDIA

Decided On June 23, 2009
SAYED MANSUR ALI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE orders of removal of the petitioner from service by the Disciplinary Authority; dated 23.12.2002, which has been affirmed by the appellate authority on 08.04.2004, are under challenge, seeking a writ of certiorari for setting aside/quashing the orders as aforesaid and a writ of mandamus has been sought for reinstating the petitioner in service, to treat him as in service till the date he attained the age of superannuation and to give him all retiral benefits as admissible as per Rules.

(2.) HEARD Mr. A.M. Mazumdar, learned Sr. Counsel assisted by Mr. Y.S.Mannan, learned counsel appearing for the petitioner. Also heard Mr. U.K. Nair, learned Standing Counsel, Railway appearing for the respondents.

(3.) DURING the course of the departmental proceeding, four witnesses were produced and examined by the department including Mr. P.K. Bora, Officer-in-Charge of Khetri Police Station. According to the petitioner, except Mr. P.K. Bora none of the witnesses had supported the case of the department during the course of examination in the said departmental proceeding.