BABULAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners by this writ petition seek quashing of the letters No. LPI/LP/529/Delhi/2002 and letter No. LP/LP/494/Delhi, both dated 9.2.2002, intimating the petitioners of the termination of their porter licences. Petitioners also seek direction to the respondents to restore their porter licences with badge Nos. 529 and 494 respectively, or to issue fresh porter licence/ badge numbers, as may be feasible. Petitioners had been working at Old Delhi Railway Station as porters since 1983-84. Their licences were renewed from time-to-time after every two years. Badge number of petitioner No. 1 is 529 and that of petitioner No. 2 is 494.

(2.) On 23rd December, 2000 petitioners were found by the respondents illegally canvassing and arranging berths/seats in train Katihar Express. Vide order dated 5.3.2001, the Porter Licences of the petitioners were suspended by the respondent.

(3.) Petitioners were booked under Sections 144/180 of the Indian Railways Act and Kalandra was filed before the Special Railway Magistrate. The prosecution examined as its witnesses, members of the raiding party. Certain objections were taken regarding non-recovery of towels, etc. It was alleged that the petitioners had occupied seats by spreading towels on the berth inside the coach and were offering seats at the rate of Rs. 10/- per seat. Petitioners pleaded not guilty. The Railway Magistrate after recording of evidence and conclusion of trial, convicted the petitioners vide judgment dated 30.10.2001 and sentenced them to undergo simple imprisonment for three months and fine of Rs. 500/- each.