UNION OF INDIA Vs. K RAJAPPA MENON

JUDGEMENT

(1.) This is an appeal by special leave from the judgment of the Kerala High Court in which the only point which arises for decision is whether Rule 1713 of the Conduct and Disciplinary Rules, hereinafter called the Rules, for railway servants was correctly applied and the dismissal of the respondent, who at the material time, was an Assistant Station Master was rightly set aside for non-compliance with that Rule.

(2.) The facts lie within a narrow compass. In July 1963 the respondent, who was working as an Assistant Station Master at Chalakudy Railway Station was served with a statement containing charges relating to certain matters after an inspection report had been submitted to the authorities concerned. After the reply of the respondent had been received a departmental enquiry was held and the Enquiring Officer submitted a report finding all the four charges which had been preferred against the respondent proved. A show cause notice was then served in September 1963 giving the finding of the Enquiring Officer (Assistance Commercial Superintendent) and it was stated that it had been tentatively decided by the Chief Commercial Superintendent that respondent should be dismissed for service. This notice was served after the Chief Commercial Superintendent had recorded the following order (Exh. R. 8):

(3.) The respondent filed a petition under Article 226 of the Constitution in the High Court and a number of points were raised before the learned single Judge. The only point which prevailed with him was that the Chief Commercial Superintendent had not recorded an order as required by Rule 1713. He examined the other contention raised on behalf of the respondent before him that at the stage of the second show cause notice the Chief Commercial Superintendent had finally made up his mind which he could not or ought not to have done until the reply or the explanation of the respondent had been received and considered by him. In view of a Full Bench decision of the Kerala High Court he did not rest his decision on the second point but decided in favour of the respondent on the first point holding that the Chief Commercial Superintendent had not given findings on each of the charges. In his opinion the rule contemplated that the evidence which had been adduced at the enquiry in relation to each charge should be examined and considered by the punishing authority and he should give his own assessment and finding relating to each individual charge which was not done in the present case. The Division Bench on appeal by the present appellant affirmed the judgment of the learned Single Judge.