J. Anjani Dayanand, J. - (1.) The applicant, Shri Chaitanya Das Ghosh was a Motorman under CTFR, Eastern Railway, Sealdah. He has approached the Tribunal for relief challenging the order of removal from service by Order No. TA/RB/5/81/TRS dated, 30-7-1987 (Annexure A/12) on the date of his superannuation. The disciplinary action has been taken as a result of the accident took place on 4-6-1981 when the; applicant worked Train No. SG 34 Dn. from Sealdah to Budge Budge and he worked back the said rake being Train No. SG 35 Up to Sealdah from Budge Budge. As a consequence of the collision that took place when the applicant was in control of the train, 58 persons sustained injuries of which 6 persons were grievously injured. The railways incurred a loss of Rs. 1,54,000 of railway property besides severely dislocating running of trains in the section. The applicant has challenged the order on several grounds including irregularities committed in the disciplinary proceedings by not making available the various documents asked for, etc.
(2.) On the basis of the arguments of the Learned Counsel on both sides and on a perusal of the records, the short point for decision relates only to round (iv) mentioned in the application according to which the order of the Disciplinary Authority, i.e., Respondent No. 3 is materially vitiated by the fact that he was not competent to act as Disciplinary Authority having participated in and being a Member of the Fact Finding Enquiry Committee.
(3.) In the reply filed on behalf of the respondents there is bald statement with regard to this ground that "save what appears from the records all other allegations made in paragraph 6A of the said application are denied". The Learned Counsel for the respondents did not deny the fact that the Disciplinary Authority was a Member of the Fact Finding Enquiry Committee.;