UNION OF INDIA Vs. OM PRAKASH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Respondent Railways in O.A. No. 051/00245/2015 has challenged both the order dated 02.06.2017 passed in O.A. and order of dismissal of the Review Application bearing No. R.A. No. 00/51/00007 of 2017 (Annexure-7) in this writ petition.

(3.) Applicant, an Assistant Loco Pilot was proceeded departmentally for major penalty under Rule 9 of Railway Servants (Discipline and Appeal) Rule 1968 on 09.07.2013 for the charge of delayed reporting of an accident that took place on an unmanned railway crossing between Kotshila and Jhalida station. Applicant instead of giving information at the next station Jhalida, gave memo at Muri on the same day and also informed the Respondent No. 6 - Divisional Electrical Engineer (OP), South Eastern Railway, Hatia on phone. He was placed under suspension and after preliminary inquiry, it was found that driver of the vehicle TATA DI 207 bearing registration no. JH1K-7004 was responsible who tried to cross the unmanned crossing level without observing the movement of approaching train. The Applicant was responsible for delayed reporting of the accident. After a proper regular inquiry and second show-cause notice upon the applicant / petitioner, Divisional Electrical Engineer, South Eastern Railway, Hatia imposed a minor penalty of withholding of annual increment for three years with non-cumulative effect. Appeal and Revision preferred by the applicant were dismissed without interference in the order of penalty.