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SENIOR GENERAL MANAGER/CEO, PAKISTAN RAILWAY HEADQUARTERS, LAHORE vs ABDUL RAUF SHAMOON Railway engine driver — 2021 SCMR 1027 SUPREME-COURT

Case information

Citation
2021 SCMR 1027 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
SENIOR GENERAL MANAGER/CEO, PAKISTAN RAILWAY HEADQUARTERS, LAHORE vs ABDUL RAUF SHAMOON Railway engine driver

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SENIOR GENERAL MANAGER/CEO, PAKISTAN RAILWAY HEADQUARTERS, LAHORE VS ABDUL RAUF SHAMOON Railway engine driver---Violation of red signal causing an accident---Dismissal from service---Tribunal by way of impugned judgment converted the major penalty of dismissal from service into that of compulsory retirement with effect from the date of dismissal---Legality---Train which was being driven by the respondent met with a catastrophic accident causing substantial loss of Rs. One Hundred and Twenty million to Railways and also loss of four innocent lives---Respondent in his reply had merely taken an evasive stand, rather on its close reading appeared to have admitted that he has moved the train while signal was red---Two defences taken by the respondent of i.e. hand signal by a gate man and the signal turning to green had not been established---Respondent had violated the red danger signal---Further, the respondent has accelerated the train to the speed of 80 kilometres per hour and did not apply emergency brakes, which charges had not been denied by the respondent---Tribunal in its impugned judgment had not considered such important aspects of the matter---Appeal was allowed, impugned judgment of Tribunal was set-aside and penalty of dismissal from service imposed upon the respondent was restored.

Other judgments reported in 2021 SCMR

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