RAMA DHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Rama Dhar, appellant, was employed as a clerk with the Northern Railway. On 21-7-1965, there was an agitation and demonstration of railway employees after the lunch interval in front of the room of the General Manager, Northern Railway. Some sort of 'dharna' was also enacted. The appellant was stated to be one of those railway employees who had participated in the same.

(2.) The Railway Administration, therefore served a charge-sheet on the appellant on 27-7-1965, in which reference was made to his said conduct, and also unauthorised absence from work during the after-noon of 21-7-1965. A major penalty was, therefore, proposed to be imposed, and an enquiry held under rules 1708 to 1715 of Railway Establishment Code. He was required to submit his written statement within a month. There were various other directions with regard to his entitlement to inspection of certain records.

(3.) The appellant, however, did not submit any written statement, and according to the memo which he submitted in appeal against the imposition of penalty, he had thought that the enquiry would not be proceeded with.