RAM NARAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) THROUGH this O.A. the applicant seeks quashment of the orders dated 14.6.2001 (Annex. A.1) 25.3.88 (Annex. A-2) passed by the respondent No. 3 and the order dated 28.3.89 (Annex. A-3) passed by the respondent No. 2. It is also prayed that the respondents be directed to refund the amount which has been recovered from him pursuant to the order Annex. A-2.

(2.) The relevant facts arc these. The applicant was employed as Driver 'B' in the office of the 3rd respondent. He was served with a charge-sheet for imposing major penalty vide communication dated 3.10.86. The allegations made against the applicant were that he was co-driver of the engine No. 6272 YDM-4 Train No. 509 and he was responsible for starting the train without authority passing starter No. 26 of road No. 5 routing starter No. 101 which was 197.20 meter away from the starter signal and stopped the train at a distance of 476.60 meter. The applicant in his reply denied the charges. The enquiry was held and the Enquiry Officer did not find the misconduct proved, but the Disciplinary Authority, holding the charge of misconduct established, imposed a penalty of withholding of increments for two years. A criminal case was also filed against the applicant in which he has been acquitted.

(3.) IN the reply the respondents have resisted the relief claimed mainly on the ground that the application has been filed 11 years after the expiry of the period of limitation, as the penalty was imposed in the year 1988 and the Appellate Authority passed the order in the year 1989, whereas this O.A. has been filed on 27.8.2001. It is pointed out that the applicant had preferred revision against the appellate order which is still pending with the competent authority. The respondents case is that since the alternative remedy available to the applicant was not exhausted this O.A. is not maintainable.