UNION OF INDIA Vs. KASTURI LAL

JUDGEMENT

(1.) Kasturi Lal, the respondent was appointed by the Northern Railways as Pointsman on December 26, 1953. He was promoted as Shuntsman and confirmed to that post in 1959. He was, thereafter posted as Luggage Porter Jamadar.

(2.) . On March 15, 1972 a police party saw him removing a bushirt from a package lying in a wagon standing on the railway platform. He was arrested. On search he was found waring pants over his own pants. That pants were also taken into possession. Investigations revealed that the bushirt and the pants were part of the Railway Property booked with the railways for carriage. He was prosecuted and convicted for an offence under Section 3 of the Railway Property (Unlawful Possession) Act, 1956 on November 25, 1975. The learned Metropolitan Magistrate, however, released him on probation on his furnishing a personal bond with one surety in the amount of Rs. 2000.00 for a period of one year and in the meantime to keep peace and be of good behaviour.

(3.) . The Divisional Commercial Superintendent thereafter issued a notice to the respondent dated January 25, 1977 intimating him that the conduct for which be had been convicted by the criminal court did not justify his continuation in the service. He was asked to show cause why he be not removed from service under rule 14(1) of the Railway Servants (Discipline and Appeal) Rules. 1968 (for short 'the Rules'). The respondent submitted his reply dated February 17, 1977 It was submitted that he had completed the period of probaition and his conduct had been very good during the said period. He had also undergone sterlisation. Many employees had committed offences of similar nature but were still in service.