Bheru Lal v. Union Of India & Ors

Heard learned counsel for the petitioner.

Learned counsel for the petitioner vehemently argued that the case of petitioner was to be considered by the disciplinary authority under Rule 14 of the Railway Servants (Discipline & Appeal) Rules, 1968 before passing order of dismissal.

We have perused the relevant provisions of law as well as the judgment rendered by the Central Administrative Tribunal.

In view of the fact that petitioner was dismissed from service on the ground of punishment awarded to him by the Additional Civil Judge (Junior Division) and Judicial Magistrate, Pratapgarh vide judgment dated 16 th June, 2003 for offence under Section 498-A IPC for sentencing him to undergo one year imprisonment with a fine of Rs.1,000/- and upon the fact that appeal against the said judgment preferred by the petitioner has already been dismissed by the Additional Sessions Judge – Special Judge, SC/ST (Women Atrocities Prevention), Pratapgarh on 12 th April, 2004 and only revision is pending before this Court against both the judgments, we are not inclined to interfere in the order passed by the Tribunal.

Hence, this writ petition is dismissed.