DASAPPA Vs. SOUTHERN RAILWAYS

JUDGEMENT

(1.) In this Writ petition, in which an ex railway servant, has questioned the legality of the order dated 21 -12 -1981 (Annexure -D) made by the General Manager, Southern Railway, dismissing the appeal of the petitioner and confirming the order dated 19 -10 -1981 (Annexure C) made by the Chief Operating Superintendent, by which the penalty of reduction in rank for a period of one year imposed by the disciplinary authority and confirmed by the appellate authority, was reviewed and the penalty of compulsory retirement was imposed, the following important question of Jaw arises for consideration : - - Whether the High Court, in exercise of its jurisdiction and power under Article 226 of the Constitution, can modify the penalty imposed on a civil servant, by an authority competent under the service rules to impose such penalty and impose a lesser penalty?

(2.) THE facts of the case are as follows : - - The petitioner was working as a Driver in the Southern Railways. A departmental inquiry was instituted against him on the following charge : 'That Shri K. Dasappa, while functioning as Driver of Train No. 3034 Goods on 14/15 -11 -1979 committed misconduct in that passed the reception signals of Tondebhavi station and run through Road 3 bursting top Point No. 103, passed the stop board of Road 3 and common starter at danger. He also entered Tondebhavi Maklidurg Block Section without proper authority over carrying the incoming token pertaining to Gouribidanur -Tondebhavi Block station. Thus the Said Sri. K. Dasappa violated GRS 78 and 79 and contravened Rule 3(i)(ii) of Railway Services (Conduct) Rules, 1966'. The Chief Mechanical Engineer, Mysore, who was the disciplinary authority held that the petitioner was guilty of the charge. He imposed the penalty of reduction in rank to the post of Shunter, for a period of one year with affect from 1st July, 1981. The said penalty was confirmed by the Appellate Authority by its order dated 4 -9 -1980. The Chief Operating Superintendent, Madras, being of the view that the penalty imposed should be enhanced having regard to the gravity of the charges proposed to enhance the penalty to one of removal from service and issued notice dated

(3.) SHRI Dasappa is hereby given an opportunity of making representation on the penalty proposed. Such representation, if any, should be made in writing and submitted through proper channel so as to reach the undersigned not later than 10 days from the date of receipt of this notice to him.