ANUPAM NAG Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Dr. J. L. Sarkar, learned counsel appearing for the petitioner. Also heard Mr. D. K. Dey, learned Standing counsel, N. F. Railway, appearing for the respondents.

(2.) The instant writ petition is filed by the petitioner assailing the order dated 21.5.2015, passed by the Learned Central Administrative Tribunal (CAT), Guwahati, in Original Application (O.A.) No. 040/00047/2014 (Annexure-4), whereby the Original Application filed by the petitioner was dismissed. Challenge is also made in the writ petition to the Memorandum of Charge-sheet dated 30.8.2012, Inquiry report dated 06.04.2013, Order imposing penalty of removal from service dated 30.07.2013 and the appellate order dated 20.11.2013 dismissing the appeal preferred by the petitioner against the imposition of penalty.

(3.) On 15.06.2012, in Borahu (BRHU) Railway Station (Lumding Railway Division), the 15959 Up Kamrup Express entered Line No. 3 instead of Line No. 2 where Brake Van of Up Amoni Goods train was standing and it was only due to application of brake by the Loco Pilot that a collision was averted. In view of the above, the General Manger, N.F. Railway, had constituted a fact finding inquiry committee called Coordinating Head of Department (CHOD) Committee on 15.06.2012 comprising of the Chief Safety Officer (CSO), Chief Operation Manager (COM) and Chief Signal and Telecommunication Engineer (CSTE). The CHOD Committee had submitted the report on 04.07.2012, which was accepted by the General Manager. As per the report, such an event took place because of signal failure caused by electrical tampering of the circuit and as the petitioner was working at BRHU station at the time of the incident, he was a party to the electrical circuit tampering as he admitted in the inquiry conducted that he might have been seen by the Assistant Station Master at the end of the platform where West Location Hut is located.