RAKESH TIWARI, YOGESH CHANDRA GUPTA,JJ. - (1.) HEARD learned counsel for the petitioner and learned standing counsel.
(2.) THIS Writ Petition has been filed by the petitioner challenging the validity and correctness of the inquiry report dated 6.6.1997 and consequential removal order dated 14.8.1997 passed by the Assistant Engineer, Central Railway Agra, Cant. Agra as well as appellate order dated 12.10.1998 passed by the Senior Divisional Engineer, Central Railway, Jhansi which have been appended as Annexure-9, 10, 11 and 13 to this writ petition. The petitioner has also prayed for a writ of certiorari quashing the fitness certificate dated 28.02.1995 issued by divisional medical Officer, Central Railway Hospital Agra appended as Annexure-8 to the writ petition and for issuance of writ of mandamus commanding the respondents to reinstate him with entire service benefits. The aforesaid prayers have been made in the back drop that the Central Administration Tribunal Allahabad vide its impugned judgment and order dated 25.2.1999 (Prem Singh v. Union of India and others) has rejected the prayer made by the petitioner in the O.A. 1192 of 1999 where he had sought the following reliefs:- "(i) It is therefore, most respectfully prayed that this Hon'ble Court may be pleased to quash the impugned order dated 12.10.1998 and the removal order dated 14.08.1997 passed by the respondent No. 2 and respectively (Annexure No. A-II to this O.A. (ii) It is also prayed that this Hon'ble Court may be pleased to direct the respondents to reinstate the applicant with entire service benefits and or to pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
(3.) THE case of the petitioner before the tribunal was that while packing the sleeper on the railway track he was hit by a stone and was treated initially at Railway Hospital at Agra but subsequently his treatment and his salary was stopped by the department w.e.f. 3.2.1995 without any cause. This compelled him to take treatment in the private hospital.;