ARJUN CHAUBEY Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant was working as a senior clerk in the office of the Chief Commercial Superintendent, Northern Railway, Varanasi. On May 22, 1982 the Senior Commercial Officer wrote a letter to him, calling upon him to offer his explanation in regard to 12 charges of gross indiscipline. The appellant submitted his explanation to the charges by his reply dated June 9, 1982. On the very next day, the Deputy Chief Commercial Superintendent served a second notice upon the appellant, saying that the explanation offered by him was not convincing but that another chance was being given to him to offer his explanation regarding the specific charges which were conveyed to him by the letter of May 22, 1982. By this letter, the appellant was also called upon to submit his explanation within three days as to why deterrent disciplinary action should not be taken against him. The appellant submitted his further explanation on June 14, 1982, but on the very next day, the Deputy Chief Commercial Superintendent passed an order dismissing him from service on the ground that he was not fit to be retained in service.

(2.) The appellant filed a writ petition in the High Court of Allahabad challenging the order of dismissal on various grounds. The Union of India, the Senior Commercial Officer and the Deputy Chief Commercial Superintendent were impleaded to that petition as respondents 1 to 3. That writ petition having been dismissed by the High Court, the appellant has filed this appeal by special leave.

(3.) The order dismissing the appellant from service was passed by respondent 3 under Rule 14 (ii) of the Railway Servants (Discipline and Appeal) Rules, 1968 read with Proviso (b) to Article 311 (2) of the Constitution. Respondent 3 recorded his reasons in writing for coming to the conclusion that it was not reasonably practicable to hold an inquiry into the conduct of the appellant in the manner provided by the relevant rules, and thereafter, he proceeded to pass the order of dismissal without holding any inquiry.