- (1.) THE present Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India, inter-alia, praying for quashing the order dated 19. 12. 2003 (Annexure-8 to the Writ Petition) passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad, the order dated 11. 7. 1999 (Annexure-5 to the Writ Petition) passed by the respondent No. 4, the order dated 3. 4. 2000 (Annexure-6 to the Writ Petition) passed by the respondent No. 3 and the order dated 9. 6. 2000 (Annexure-7 to the Writ Petition) passed by the respondent No. 2.
(2.) COUNTER affidavit and rejoinder affidavit as well as supplementary affidavits and their replies have been exchanged between the parties, and the Writ Petition is being disposed of finally with the consent of the learned counsel for the parties. As per the averments made in the Writ Petition, and in various affidavits, the petitioner, at the relevant time, was working on the post of 'permanent Way Mistry/supervisor' at Shahjahanpur. The petitioner was served with a charge-sheet dated 30. 10. 1998 alleging that derailment took place at 1850 hours on 13. 8. 1998 due to jamming of the track on account of falling of Ballast from partially unloaded BOBs. It was alleged that the petitioner, who was in the loading side, failed to show red signal and stop the forward movement of the Train. As such, the petitioner failed to show absolute devotion to duty, and he contravened Rule No. 3 (1) (i), (ii) and (iii) of the Railway Services (Conduct) Rules, 1966.
(3.) AN Inquiry Officer was appointed, and he submitted his Enquiry Report dated 7. 5. 1999. Copy of the said Enquiry Report dated 7. 5. 1999 has been filed asannexure-3 to the Writ Petition.;