Hon’ble Rakesh Tiwari, J.—This writ petition is preferred by the petitioner challenging the judgment and order dated 2.9.2004 passed by the Central Administrative Tribunal, Allahabad in O.A. No. 319 of 2003 (Saliq Ram Mandal v. Union of India and others).

2. The facts of the case, in nutshell, are that respondent No. 1 was issued charge-sheet dated 31.1.2001 while he was working as Gateman at Gate No. 11-C in Jaunpur City. It was alleged in the charge-sheet that he after taking charge at 6:55 a.m. in the morning left the railway crossing gate open which ought to have been closed for traffic. As a result of his dereliction of duties, an accident took place when Tractor No. U.T.O. 9389 loaded with bricks collided with one S.J. Passenger train at 7:35 a.m. in the morning in which, one person died on the spot. It was further alleged that after the accident had occurred, respondent No. 1 Salig Ram Mandal ran away from the site of the accident without any information to the Assistant Station Master, Jaunpur, and lodged an FIR with the Police Station concerned.

3. When the enquiry proceedings were initiated, Sri V.K.Srivastava, was appointed as Enquiry Officer. After evidence was