C A V Order

Per Bibhu Datta Guru , J .

1. By the present writ petition, the petitioner is challenging the orders dated 04.01.2024 (Annexure P/14), 03.07.2019 (Annexure P/10), 27.08.2019 and 23.10.2019 (Annexure P/12).

2. The brief fact of the case is that the petitioner was working as Railway Mail/Exp. Guard in the ofÏce of Senior Divisional Operations Manager, SECR, Bilaspur. The petitioner was served with a charge sheet dated 11.10.2017 (Annexure A-1) under Rule 9 of the Railway Servants Disciplinary Appeal Rules , 1968 alleging that he has committed gross misconduct on 22.08.2017 while working as out going Guard of train number 12859 Gitanjali Express at Nagpur by creating obstructions in the work of opening of the seal of SLR for unloading of newspaper bundle which was loaded in Mumbai, secondly on 22.08.2017 while working as Outgoing Guard in Train No. 12859 he abused Shri Anand Vaidya, CPC (Parcel-In- Charge)/NGP as the Commercial Staff are thief and thirdly on demand being made from him for blood sample for intoxication test by Dr. Jonathan Aashwan, GDMO he refused to give his blood sample. The petitioner denied all the charges against him vide reply dated 06.01.2018. After a