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2017 Supreme(Del) 588
IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJIV KHANNA & CHANDER SHEKHAR, JJ.
RAM PRAKASH – Petitioner
Versus
UNION OF INDIA & ORS. – Respondents
WP (CIVIL) No. 10308 of 2015
Decided On : 17-02-2017
For the Petitioner:Mr. M.S. Saini, Advocate
For the Respondent:Mr. Jagjit Singh, Sr. Standing Counsel with Mr. Preet Singh, Mr. Sukh Dev Singh & Ms. Kiran Kaushik, Advocates
The gravity of the misconduct and the violation of G&SR Rule 9.02 were central to the court's decision.
Headnote:
Railway Safety - Disciplinary Inquiry - G&SR Rule 9.02 - [LPM/DLI] - [Railway Safety] - [G&SR Rule 9.02] - [The court discussed the violation of G&SR Rule 9.02 by the petitioner, which resulted in a collision causing deaths and injuries. The court emphasized the importance of exercising extreme caution and keeping the speed limit of the train below 8 km per hour under all circumstances. The court also highlighted the principles of natural justice and the requirement to establish prejudice due to non-observance of these principles. The court found no merit in the petitioner's submissions and upheld the disciplinary action based on the gravity of the misconduct committed.]
Fact of the Case:
The petitioner, a Loco Pilot Passenger/Diesel, was charge-sheeted for a collision resulting in deaths and injuries. The disciplinary inquiry found him guilty and imposed the penalty of dismissal from Railway Service.
Finding of the Court:
The court found the petitioner guilty of violating G&SR Rule 9.02, which resulted in the collision causing deaths and injuries. The court upheld the disciplinary action based on the gravity of the misconduct committed.
Issues: Violation of G&SR Rule 9.02, Principles of natural justice, Victimisation, Proportionality of punishment
Ratio Decidendi: The violation of G&SR Rule 9.02 and the gravity of the misconduct committed were the key factors in the court's decision. The court also emphasized the requirement to establish prejudice due to non-observance of principles of natural justice.
Final Decision: The writ petition was dismissed, and the disciplinary action against the petitioner was upheld.
CHANDER SHEKHAR, J.
This writ petition is filed for quashing and setting aside the order dated 25.03.2015, passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.1556/2012.
2. The brief facts of the case are that the petitioner – Ram Prakash, who was a Loco Pilot Passenger/Diesel of the working train No.4724 Dn Kalindi Express was charge-sheeted for the collision of the said train with the rear end of train No.2452 Shram Shakti Express at km No.1251/8-6 on 16.01.2010 between Mitawali and Tundla. The collusion had taken place despite 100% brake power on the working train. The signaling systems between Mitawali and Tundla were also in working order. The visibility being maximum 50 meters only, in terms of the G&SR Rule No.9.02, the petitioner as a loco pilot was required to exercise extreme caution and keep the speed limit of the train below 8 Kmph. The speedometer had shown that the train manned by the petitioner had accelerated to the speed of 29 Kmph just before the collusion took place. Further, the train had passed the last stop automatic signal No.502 in ‘ON’ condition, after stopping for a period of 2 minutes 16 seconds. These acts of carelessness and lapses on the part of the petitioner had caused 4 deaths, grievous injuries to 9 passengers, and injuries to 8 others.
3. The Commissioner of Safety, Railway conducted an enquiry and in his report held that the petitioner was responsible for the accident. Subsequently, a memorandum of charge dated 23.08.2010 for major penalty, i.e., SF-5 was issued to the petitioner, which read as under:
“On 16.01.2010 the said Shri Ram Parkash, LPM/DLI while working Train No.47.4 Dn Kalindi Express with Diesel Locomotive No.13438/WDG-3A is held responsible for rear end collision of 2452 Dn. Shramshakti Express with 4724 Dn. Kalindi Express at Km. 1251/8-6 between Mitawali and Tundla stations on GZB-TDL section of ALD division, North Central Railway at about 8.10 hrs. occurred due to violation of G&SR No.9.02.
By the above act of omission and commission Shri Ram Parkash, LPM/DLI failed to maintain absolute integrity exhibited lack of devotion to duty and acted in a manner unbecoming of a Railway servant. Thereby contravened Rule No.3. 1(ii) & (iii) of Railway servant conduct rule 1966.”
4. As the petitioner denied the charges, the disciplinary inquiry was held. The Inquiry Officer (‘IO’) submitted his fact finding report to the Disciplinary Authority (‘DA’) on 29.11.2010, holding that the charges were proved. A copy of the said report was sent to the petitioner on 30.11.2010, who submitted his representation on 13.12.2010.
5. The Disciplinary Authority after considering the facts, records, inquiry report and comments of the petitioner found him guilty of the charges and in view of the seriousness of the case, imposed the penalty of dismissal from Railway Service with immediate effect.
6. The petitioner filed an appeal against this order of punishment, which was rejected by the Appellate Authority (‘AA') on 28.01.2011. However, considering the past service record of the applicant/petitioner, the AA directed payment of compassionate allowance at the rate of 2/3rd of the compensation pension.
7. Still aggrieved, the petitioner preferred OA No.1556/2012, before the Central Administrative Tribunal, which stands dismissed vide impugned order dated 25.03.2015. Hence, the present writ petition has been filed by the petitioner for setting aside the said impugned order.
8. Learned counsel for the petitioner, during the course of arguments, submitted that the important documents demanded by the petitioner were neither supplied to him nor had the respondents produced the listed documents. However, learned counsel for the petitioner has failed to point out non-supply of any such specific documents. We have also examined the documents and the proceedings of the inquiry. The petitioner had received the documents on 06.10.2010, which he had requested vide his letter dated 06.10.2
