BISHAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant was working as Goods Driver 'B' in Western Railway, Kota. A charge sheet (Annex. A. 6) for major penalty was issued upon him on 28.6.94, wherein it was alleged that he had violated G.R. 3.74 (i)(b), 3.78 1 (a) & (b), 3.83 (i) and (3) G.R. 4.40, S.R. 4.40 (2) and (3), as while working as Driver of 5063 UP Avadh Express on 16.2.94, he had passed UP/Home Signal of BO on blank position and dashed from rear with goods train GIT UP which resulted in derailment causing loss of property and lifes.

(2.) In the reply it is stated that the appointment of Shri V.K. Sharma as Enquiry Officer was as per the Rules. It is averred that the Enquiry Officer has not violated any rules or provisions while conducting the inquiry. It is further averred that the applicant failed to appear before the Enquiry Officer and full opportunity of hearing was given to him. It is stated that the Enquiry Officer conducted the inquiry in a fair manner as per Rules and there is no illegality in the issuance of the fresh charge sheet. It is averred that the Appellate Authority had ample power to order denovo enquiry against the applicant as it had came to the conclusion that the applicant had not been supplied sufficient information as to how and in what manner he had failed to discharge the duties entrusted to him.

(3.) THE contention of Mr. Shiv Kumar was three fold. One, the Appellate Authority had no power to direct denovo inquiry by issuing a fresh charge-sheet. Two, the Disciplinary Authority had prepared the charge sheet on 9.10.95, i.e., before the order dated 31.10.95 (Annex. A5) passed by the Appellate Authority, which shows that the Disciplinary Authority and the Appellate Authority had conspired to damage the career of the applicant. Three, the penalty imposed is very severe.