TMI Blog2002 (8) TMI 842X X X X Extracts X X X X X X X X Extracts X X X X ..... lant before the High Court of Judicature at Allahabad assails the order of a Division Bench dismissing Civil Misc. Writ Petition No.53498 of 2000 on May 16, 2001. The appellant claims that he had worked as a casual labourer during the period May 25, 1978 to November 23, 1979 under IOW/ALD. However, by order dated May 19, 1989 he was re-engaged along with three others by Mr.Ajit Singh, A.P.O.(Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e disciplinary authority imposed on the appellant punishment of dismissal from service with immediate effect under Rule 6 (vii) to (ix) of Railway Servants (Discipline and Appeal) Rules, 1986. The appellant challenged the validity of the said order of dismissal in Original Application No.1911 of 1994 before the Central Administrative Tribunal, Allahabad Bench, Allahabad. The Tribunal dismissed the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal as well as the High Court found that the dismissal was proper. A perusal of the judgment and order under challenge shows that the High Court having referred to the enquiry report found that there was oral and documentary evidence (Ex.P-1) to hold him guilty and that sufficiency of the evidence would not be a ground to challenge the order of the disciplinary authority by invoking the writ j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e enquiry report and adverted to by the High Court, is the order of appointment of the appellant which is a neutral fact. The enquiry officer examined the charged officer but nothing is elicited to connect him with the charge. The statement of the appellant recorded by the enquiry officer shows no more than his working earlier to his re-engagement during the period between May 1978 and November 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n be granted to the appellant. Inasmuch as the appellant, a casual worker (khalasi), was in service for two years and it is more than a decade that he has been out of service. In the circumstances, we do not consider it to be a fit case to direct his re-instatement. In our view, interests of justice would be met by directing respondent No.1 to pay the appellant compensation equal to average salary ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
