PROKASH GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant, Ex-Fitter under SCW/Chitpur, has, by means of the present application, challenged the Order dt. 21.2.94 passed by the appellate authority, pursuant to the direction issued by this Tribunal in O.A. No. 687 of 1990 decided on 23.8.93, by which the appeal of the applicant against his removal from service was rejected.

(2.) The service of the applicant was terminated on the ground that he assaulted one Shri A.C. Burman, Supervisor and there by causing injuries to him on account of which he had to be hospitalised for many days and even thereafter, he could not resume duty for a considerable period. The removal order was passed by the disciplinary authority after dispensing with the requirement of holding a regular enquiry under Rule 14(ii) of the Railway Servants (Discipline and Appeal) Rules, 1968 (hereinafter referred to as Rules). It may also be incidentally pointed out here that the applicant had not made any challenge to the original Order dt. 2.7.86 passed by the disciplinary authority whereby the order of removal from service was passed after dispensing with the requirement of holding of enquiry under Rule (ii) of the Rules.

(3.) THE Tribunal while setting aside the aforesaid appellate order dt. 31.10.86 further directed the appellate authority to consider all the applications/representations of the applicant by giving him a personal hearing and communicate the decision thereon to the applicant by passing a speaking order. It was further observed that while disposing of the appeal, the appellate authority should consider the case from all its aspects and decide as to whether the action of the disciplinary authority under Rule 14(ii) of the Rules was an appropriate order or not. THE authority should also consider as to whether there were sufficient grounds for invoking Rule 14(ii) and whether there was sufficient material before the disciplinary authority to come to the finding that holding of regular enquiry was not possible and then the pass appropriate orders. A copy of the order passed by the Tribunal in O.A. 687 of 1990 dt. 23.8.93 is annexed as Annexure-C to this O.A.