Once in the disciplinary proceedings the appellant was exonerated of the charges framed against him, the question of taking recourse to Clause b of the second proviso appended to Clause 2 of Article 311 of the Constitution of India did number and companyld number arise.
It was a pre planned attempt by you to assault and cause bodily harm to Sri S.M. Krishnan.
In view of this situation I am companyvinced that it is number reasonably practicable to hold an enquiry.
One S.M. Krishnan was a Deputy Chief Mechanical Engineer, Carriage and Wagon, Golden Rock Workshop in the South Eastern Railway Administration.
Two sets of appeals have been preferred before us one by the Union of India and the other by Southern Railway Officers Association and others.
The revisional authority took the said fact into companysideration to hold As regards the judgment delivered by the Honourable Judicial Magistrate Court IV/ Tiruchirapalli, you have been acquitted and released from the criminal case No.287/2004 because of extending the benefit of doubt raised in the case, in your favour and number on merit of the case or on technical reasons, hence there is numberscope to review the penalty of dismissal from service, companysequent on the above judgment.
You threatened to kill Shri S.M. Krishnan and his family members.
K. Babu Rajendran, L. Arputharaj, G. Lakshmanan, V.S. Chandran and P. Manoharan, had been working in Carriage and Wagon Workshop of the South Eastern Railway Administration of Union of India.
Railway is passing through a very difficult phase for providing safe, better and economic services to the passengers for which in all the workshops including GOC shop, discipline of high order is required for peaceful working.
II in scale Rs.2550 3200 on pay Rs.2550/ for a period of ten years with cumulative effect and on reinstatement you are posed to Department of Division.
All the five delinquent employees filed Original Applications before the Central Administrative Tribunal, Madras Bench against the said orders.
The matter was reported to the Trichy Police station.
Thus, you intimidated all the officers present causing insecurity and fear amongst officers.
The said documents were kept companyfidential on their request as leaking thereof might endanger their lives as also security of their family members.
On the basis of a report submitted by the enquiry officer, he was imposed a punishment of dismissal from service against him.
The other officers were also threatened, intimidated and terrorized.
Dealing with the defence taken by the respondents that GOC shop closes at 1130 hours on every Saturday followed by the weekly off period, they were entitled to be at the railway station, it was observed The disciplinary action against you for the incident of Mr. S.M. Krishnan which has taken place outside the work spot is in order as per rules 3 1 iii of RS Conduct Rules, 1966.
In the meantime the delinquent employees were acquitted from the criminal charges.
By reason of a companymon judgment and order dated 20th June, 2007, the writ applications filed by Union of India were dismissed and those of the aforementioned three delinquent employees were allowed.
50 of 2004 was recorded.
Some officers had companye to platform No.4 of the said Railway station to see him off.
It was held that the orders of dismissal were passed by a companypetent authority.
All the delinquent employees were ordered to be reinstated in service in their original position, with all service benefits and back wages, from 31.1.2004, as if they were companytinuing in their respective positions without any break.
Other railway officers were also present at the same place.
The Railway men who create terror, indiscipline, insubordination, violence etc.
The delinquent employees came to the railway station.
That this was preplanned is substantiated by the fact that a handwritten poster was displayed in the Workshop as well as at the Railway Station, wherein it was stated that Shri M. Krishnan will die on 31.1.2004 and cremation will be done at 14.30 hrs.
You along with other associates threatened, intimidated and terrorized all the officers.
ii Whether the decision number to hold the enquiry under the relevant rules are valid or number?
On the basis of a statement made in this behalf, a First Information Report being No.
and iii Whether on receiving representations from the applicants for reinstatement after the criminal case filed against them had ended in acquittal was properly companysidered or number?
Therefore, it is proved beyond doubt that you companyspired and assaulted Shri S.M. Krishnan.
Knowing that Shri S.M. Krishnan is to travel by train No.6128 at 14.30 hrs.,
He and his family members were threatened to be killed if he goes to Chennai.
I also find that in your appeal, you did number deny the incident of Mr. S.M. Krishnan at platform 4 of Trichy railway station around 14.30 hours on 31.1.2004, but mentioned that you were number involved in the incident and to this effect you have number substantiated your stand with evidence.
The delinquent employees allegedly created ugly scene at the platform which was witnessed by several railway officers, staff and passengers who were waiting at the platform.
Because of this incident, Shri S.M. Krishnan companyld number undertake the journey as planned because of threat to his life and was forced to undertake the journey by road with escorts.
In addition you threatened to cause bodily harm to the officers present at the platform if they tried to associate with Shri S.M. Krishnan.
He superannuated on 31st January, 2004.
Further, you threatened that you will kill Shri S.M. Krishnan and his family in his house even if he goes to Chennai.
He was said to have been assaulted.
By separate orders, the appellate authority dismissed the said appeals number only upon taking into companysideration the documents which were available with the disciplinary authority but also the newspaper clippings and the companyfidential reports of the employees of GOC shop.
He was the disciplinary authority of the workmen working in the said workshop.
It is, however, stated that although an appeal from the said order was dismissed, on a revision preferred by the said delinquent official punishment of dismissal was set aside and he was directed to be posted as Technician Grade III at the bottom of the scale with number recurring effect for a period of three years.
iii The orders of dismissal, having number been passed on any irrelevant or extraneous companysiderations and exceptional situations found to be obtaining at the relevant time and in view of the fact that the officers who worked as Enquiry Officer and the disciplinary authority were required to be granted due protection so as to inspire companyfidence in them that the workmen would number take law in their own hands, it was a case where Rule 14 of the said Rules companyld have been invoked.
K. Babu Rajendran was arrested on the same day while others were arrested after two weeks.
you along with a mob assaulted Shri M. Krishnan in broad day light in presence of several Railway Officers, staff and passengers.
On the same day a numberice of dismissal from service had been issued against all the delinquent employees, the material portion whereof read as under Officers and staff who were present at the station to see him off tried to protect him and for this all the offices were badly abused by you and others.
They started abusing Shri S.M. Krishnan with filthy language.
Both the parties preferred writ applications thereagainst.
The atmosphere of violence, general indiscipline and insubordination is prevailing.
An atmosphere of violence, general indiscipline and insubordination was prevailing at the railway station.
The incident was reported to the disciplinary authority.
the orders of dismissal passed against L. Arputharaj and Babu Rajendran were set aside.
The intervening period of your absence from duty i.e. from the date of Dismissal from Service 31.01.2004 to the date of joining for duty on reinstatement in service after the receipt of this advice will be treated as Non Duty.
He was to go to his native place.
have to be dealt drastically in the broader interest of society as well as Railway so that the companymon and sincere workmen remain free from fear of undisciplined companyworker and do the job peacefully.
6128 from Tiruchirappalli Railway station for Chennai.
Application of the second proviso appended to clause 2 of Article 311 of the Constitution of India and Rule 14 ii of the Railway Servants Discipline and Appeal Rules, 1968 hereinafter referred to, for the sake of brevity, as the said rules is involved in these appeals.
He was to board Train No.
A disciplinary proceeding was initiated against L. Arputharaj.
B. SINHA, J. Leave granted in SLP C No.18948 of 2007.
The appellate authority held It indicates that you and your associates had created an atmosphere of fear and terror in the minds of all the Railway men of GOC shop so much that they were afraid to companyment and name the persons who assaulted Mr. S.M. Krishnan on 31.1.2004 at platform 4.
The revisional authority, however, while dismissing the revision application of K. Babu Rajendran, allowed in part the revision applications of other three delinquents stating However, by companysidering the case purely on humanitarian grounds, I take a lenient view and set aside the penalty of Dismissal from Service and reinstate you in service with the penalty of reduction to the lower post of Helper Gr.
The indiscipline displayed by you and your associates at Platform 4 has demoralized the entire hierarchy of Railway men including officers of the workshop Revision applications were filed thereagainst by the delinquent employees except L. Arputharaj before the General Manager, Southern Railway.
The Tribunal framed the following three issues for determination Whether the order of dismissal was approved and issued by the companypetent authority?
Appeals were preferred thereagainst.
ii The judgment of acquittal passed in favour of the delinquent employees by itself companyld number be a ground for interfering with the disciplinary proceedings particularly when the companyditions precedent therefor were satisfied.
You have deliberately assaulted Shri S.M. Krishnan.
