DEO NARAYAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application is directed against the order of removal from service, passed against the petitioner by the Disciplinary Authority of the North Eastern Railway, and subsequently confirmed in appeal by the appellate authority, with a further prayer for the issuance of a writ of mandamus to direct the Railway Authorities to reinstate the petitioner to his post with all consequential benefits.

(2.) The facts leading to the filing of this application, in short, are that the petitioner was in service of the Railway as an Engine Driver, and in that capacity, he was taking a Down Empty Special train on 24-4-1978 in Engine Number 3090 Y.G. and was proceeding from Darbhanga to Barauni. When he reached Buchwara Railway Station, he found the starter even (signal) for Teghara railway station and so he moved on, and despite his efforts to avert collusion, the said engine collided with S.C. 9 Up, resulting in an accident in between Buchwara and Teghra railway station, causing a few fatal casualties. The petitioner on this account was placed under , suspension by the respondent. A disciplinary proceeding for imposing major penalty was initiated by respondent 2, memorandum whereof was communicated to the petitioner.

(3.) The aforesaid enquiry concluded within a period of two months and finding the petitioner guilty of the charge, respondent 2, by his order dated 28-2-1979, removed the petitioner from service with effect from the date of the order passed, which is Annexure Rs.1'.