RAMESH CHANDER Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was abooking clerk in August, 1957 in the Northern Railway and on 9th August, 1961, while holding that post, he was prosecuted under sections 420/471/ 477-A, Indian Penal Code. His trial continued up to December, 1963. Orders were passed against him under section 4 of the Probation of Offenders Act XX of 1953 and the petitioner was released on entering into a bond of Rs. 2,000.00 to appear and receive sentence when called upon during a period of one year from 18th December, 1963, the date of the order. The petitioner was also ordered under section 5(1) of the said Act, to pay Rs. 100.00 to the Northern Railway as compensation for the loss caused and a further sum of Rs. 200.00 as costs of the proceeding to the State. It is averred that the entire sum has ben paid. On 27th April, 1964, an order was made by the Senior Personnal Officer (R) H. Q. office of Northern Railway, Baroda House, New Delhi, directing the petitioner to resume his duty. A year later orders were issued to the effect that the petitioner having; been found guilty of having committed offences under sections 420/471/477-A., Indian Penal Code, and 342, Criminal Procedure Code, he was removed from service with immediate effect. It was mentioned therein that he had been convicted and, therefore, let off by the court under Probation of Offenders Act, 1958. It is against this order that the persent writ petition has been presented. Feeling aggrieved, the petitioner preferred an appeal to the Appellate Authority which was dismissed on 2nd September, 1965.

(2.) It is these orders which are assailed in the persent proceedings and all that has been said is that by virture of section 12 read with section 4 of the Probation of Offenders Act. it was not open to the authorities concerned to remove the petitioner from service.

(3.) In the return, it has been pleaded that the petitioner had during October and November, 1961 entered into a criminal conspiracy with others with the object of detrauding the Indian Railways and with that object, removed blank "Student Concession Order Forms" and misused the same and thereby caused wrongful loss to the Government. The matter was reported to the police and the petitioner was convicted oil 18th December, 1963. the Magistrate released the petitioner on his entering into a bond of Rs. 2,090/ to appear and receive sentence when called upon during one year from l8th December, 1963 and was said ordered to pay Rs. 100.00 to the Northern Railway and Rs. 200.00 as costs to the State.