SUDARSHANLAL BAJAJ Vs. S P AGARWALA

JUDGEMENT

(1.) THIS is a writ application by Sudarshanlal Bajaj under Article 226 of the Constitution of India challenging the validity of an order dated 6th May, 1963, passed by the Divisional Operating Superintendent, Western Railway, stationed at Jaipur, whereby the petitioner was reduced from the post of Assistant Station Master to that of the Traffic Signaller for two years with future effect from 9th May, 1963.

(2.) THE petitioner's case is that he was Assistant Station Master at the Dausa railway station in the year 1962. On the midnight of 30th and 31st July, 1962, there was an incident of an averted collision at about 1-25 a. m. on Line No. 3 in front of Dausa railway station between 872 Down goods-train entering Dausa station and 5 Up Express Passenger-train entering the same station from the opposite direction. The charge against the petitioner was that he was responsible for violating certain orders at the time of reception of 5 Up and thereby endangered the safety of the travelling public, as he gave permission for lowering of signals for road (Line No. 3) which was occupied by 872 Down foods train. There would have been collision between the two trains, but it was averted as 5 Up stopped 408 feet and 6 inches short of engine of 872 Down. The petitioner denied the charge, but he was held guilty and punished as mentioned above.

(3.) ALTHOUGH a number of grounds were taken in the writ application, learned counsel for the petitioner has pressed only two grounds at the time of the arguments before this Court.