IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8546 of 2009 1. THE UNION OF INDIA THROUGH THE GENERAL MANAGER, N.E. RAILWAY, GORAKHPUR. 2. THE DIVISIONAL RAILWAY MANAGER, N.E.RAILWAY, VARANASI. ….PETITIONERS Versus BANARSI PRASAD, SON OF LATE SARJUG, RESIDENT OF VILLAGE-CHAINPUR, P.S. MANJHI, DISTRICT-CHAPRA, HEAD TROLLEY MAN IN THE OFFICE OF ASSISTANT DIVISIONAL MANAGER, CHAPRA. …RESPONDENT ----------- 02. 25.01.2010 Heard Mr. Anil Kumar Sinha for the petitioners. This writ petition is directed against the order dated 4.12.2008, passed by the Central Administrative Tribunal, Patna Bench, Patna, in O.A.No.274 of 2006(Banarsi Prasad Vs. The Union of India & Anr.), whereby the original application has been allowed and the order of punishment inflicted on the original applicant has been set aside. We have perused the materials on record and considered the submissions of learned counsel for the petitioners. It appears that a departmental proceeding was initiated against the applicant for putting a trolley on the railway tracks without permission of the authorities which resulted in collision with a train. The learned Enquiry Officer exonerated the applicant. The learned disciplinary authority disagreed with the learned Enquiry Officer and proceeded to inflict the punishment. It appears to us that learned disciplinary authority, while disagreeing with the enquiry report, did not record reasons for his disagreement, let alone the question of conveying the same along with the show- - 2 - cause notice to the applicant. In that view of the matter, and other attendant circumstances, the respondent’s application has been allowed by the impugned order. We do not find fault with the same. The writ petition is dismissed. hr ( S. K. Katriar ) ( Kishore K. Mandal )