UNION OF INDIA UOI Vs. SUBRAMANIAN

JUDGEMENT

(1.) According to the Railway authorities, the Loco Running Staff declined to "respond to the call of duty", went on an undeclared strike and refused to comply with lawful orders, during the month of January, 1981. It appears that there was some kind of concerted action by the employees, presumably to ventilate their grievances. The authorities however exercised their power under R.14(ii) of the Railway Servants (Discipline & Appeal) Rules, 1968 and dismissed many of the employees without holding an enquiry. Some of the employees came to this Court; and in O.P. No. 4781 of 1981, Chandrasekhara Menon J, held that the dismissal in that case was illegal, for the reason that the authorities had failed to inform the employee about the reasons recorded by them under the sub-rule, either through the termination order or by separate communication. The same view was taken by Kochu Thommen J. in a batch of other Original Petitions. These Writ Appeals are by the Railway authorities and the Union of India, against the judgments in the concerned Original Petitions.

(2.) Ignoring the proviso which is not relevant, R.14 reads:-

(3.) The prescriptions of the Rule are traceable to the Second proviso to Art.311(2) of the Constitution; and the rule enables the authorities to dismiss railway servants, without conducting an enquiry, under certain circumstances, The strict requirements of R.14(ii) are: