(1.) BY the present OA, challenge is made to order dated 17.07.2002 passed by Sr. Divisional Operating Manager, Ambala, inflicting punishment of dismissal from service, modified vide appellate order dated 11.09.2002, taking a sympathetic view, reinstating him in grade of Rs. 4,000-6,000/- at basic pay of Rs. 4,000/- in the post of Shunting Jamadar, as up-held by dismissing revision petition by the Chief Operating Manager (G), Northern Railway, Delhi, vide order dated 09.05.2003.
(2.) The facts of case as stated are that Memorandum under Rule 9 of the Railway Servants (Discipline and Appeal) Rules, 1968, was issued on 23/31.1.2002 alleging grave negligence, carelessness and serious misconduct. The article of charge reads as under:
(3.) SHRI B.S.Mainee, learned counsel for applicant raised numerous contentions, viz.-