UNION OF INDIA Vs. PROHLAD GUHA

JUDGEMENT

(1.) The extant appeals filed by the Union of India(Appellant-Employer) take exception to a common judgment and order dated 2 nd August 2012(Impugned Judgment) passed in WPCT Nos.207, 213, 214, and 215 of 2012, by the High Court of Calcutta whereby the common order passed in Original Application Nos.794, 797, 795, and 796 of 2008, respectively, passed by the Central Administrative Tribunal, Calcutta Bench, was reversed and relief claimed by the respondents were allowed.

(2.) A brief review of facts giving rise to the present appeals, is necessary.

(3.) The respondent-employees preferred writ petitions wherein the High Court held that the order of the Tribunal was untenable. It was observed that the Railway Servants (Discipline & Appeal) Rules, 1968(Hereinafter 'Discipline Rules') have been misinterpreted because as per circular of the Railway Board, Rule 14 thereof only provides for dismissal of government servants upon the charges levelled against them being proved when they are temporary employees. The Rule, however, does not indicate that when a person is in regular service the dismissal can take place sans any disciplinary inquiry. The appellant-employers were directed to reinstate the respondent-employees with the liberty to place them under suspension if they choose to hold a departmental inquiry in accordance with the Discipline Rules. Further, it was directed that during the period of such suspension, subsistence allowance would have to be paid.