ANDREW SACHIDANANDA Vs. DIVL SUPPT S RLY

JUDGEMENT

(1.) The appellant was employed as a Fireman in the Railways. He was charge-sheeted by the Railway Police for offences under Secs.332 & 426 of the IPC and under Sec. 120 and 121 of the Indian Railwys Act on the allegation that he had assaulted a co-worker. He was tried and found guilty of the offences under Secs.323 and 426, IPC, and under Sec. 120 of the Indian Railways Act. But he was released under Section 4(1) of the Probation of Offenders Act (hereinafter referred to as the Act). The ' Divisional Personnel Officer, S.Rly, Mysore, by his order d.6-4-74(Ext.B) removed the appellant from service with effect-from 15-4-74 without either holding a departmantal enquiry to establish the misconduct of the appellant or affording him an opportunity of hearing regarding the nature of the penalty that could be imposed for the misconduct in question. An appeal against that order was rejected by the appellate authority by order dt. 15-3-1975 (Ext.C).

(2.) The appellant impugned the aforesaid two orders (Exts.B & C) in WP.4255 of 1975. The point canvassed by the petitioner before the learned single Judge was that since he was released under Sec.4(1) of the Act, so in view of the provisions of Sec. 12 of the said Act his conviction lost all sting, and therefore, the penalty of removal could be imposed on him by the disciplinary authority only after establishing the misconduct in a regular departmental enquiry and after affording him an opportunity of hearing regarding the nature of the penalty. The learned single Judge overruled the contention aforesaid, in view of the Rule 14 (i) of the Railway Servants (Discipline and Appeal) Rules, 1968 (hereinaftar referred to as the Rules).

(3.) There is no dispute ragarding the fact that no departmental enquiry for establishing the guilt of the appellant was held. Nor is there any dispute regarding the fact that the order of removal (Ext.B) was passed without affording any opportunity of hearing to the appellant, as is clear also from the perusal of the said order which is in the following terms