UNION OF INDIA Vs. AMAN KUMAR

JUDGEMENT

(1.) The Union of India impugns the order dated 11.03.2011 and 24.08.2011 (Annexure P3 & P5) passed by the Chandigarh Central Administrative Tribunal, Chandigarh Bench, Chandigarh in OA No. 374-HR of 2010 and the subsequent Review Application No. 59 of 2011, whereby the order terminating services of the first respondent has been set aside on the ground that no opportunity to defend himself was granted and a further direction to pass an appropriate order in accordance with law besides recovering the financial benefits payable to the first respondent from the Officer responsible for passing such order, has also been issued. A brief reference to the facts is necessitated. The first respondent was appointed as a Gateman in the Indian Railways in Ambala Divisional Office on 12.06.1995. He was involved in a criminal case under Section 376 IPC registered on 15.09.1997 alleging that he forcibly dragged and raped a girl aged about 17 years when she had gone to the fields for answering the call of nature near the Railway line.

(2.) The first respondent was held guilty and sentenced to undergo 7 years' rigorous imprisonment by the Additional Sessions Judge, Yamuna Nagar vide judgement and order dated 20.03.1999.

(3.) Keeping in view the conduct of the first respondent which led to his conviction on a criminal charge under Section 376 IPC and in compliance to Rule 14(i) of the Railway Servants (Discipline & Appeal) Rules, 1968 (in short, 'the Rules'), a show cause notice dated 21.02.2000 (Annexure R1) was served giving him an opportunity to make representation against the penalty proposed, namely, removal from service. The representation was required to be submitted within a period of 15 days from the date of receipt of memorandum.