Court No. - 16
Case :- WRIT - A No. - 8711 of 2018 Petitioner :- Suresh Chand Agarwal Respondent :- Union Of India And 04 Others Counsel for Petitioner :- Syed Mushfiq Ali Counsel for Respondent :- Vivek Kumar Rai
Hon'ble Ashwani Kumar Mishra,J.
This writ petition is directed against an order dated 27.12.2017 passed by the Chief Engineer (Railways) rejecting the petitioner's representation. It appears that the disciplinary proceedings were initiated against the petitioner, and he was dismissed from service. Such an order was affirmed in appeal. Subsequently petitioner was reinstated in service after his acquittal in criminal case. In his representation, petitioner has made certain allegations and sought a C.B.I. enquiry against the officer concerned. The competent authority has examined the grievance and it is found that no actionable case is made out, which may warrant any further process. Petitioner, in the meantime, has otherwise superannuated.
The petition appears to be more in nature of public interest, which is ordinarily not entertained in service matters. The challenge of learned counsel to the jurisdiction of Officer cannot be sustained, in view of the delegation of powers made by the Ministry of Railways on 1.4.2014, wherein following is provided in 406.4:-
"406.4 Complaint containing allegations devoid of any vigilance angle shall be forwarded to the administrative department concerned for necessary action with the approval of the CVO/SDGM."
No interference with the order impugned is accordingly called for, and writ petition is dismissed.
Order Date :- 28.3.2018 Anil