UNION OF INDIA Vs. P KUNHABDULLA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of K. Bhaskaran, Ag. C. J. , allowing O. P. No. 7200/1982 reported in Kunhabdulla v. Union of India 1984-I L. L. J. 118. The respondent herein filed the writ petition against the appellants Union of India and others challenging Ext. P 13 penalty order dated 26th August, 1982 removing the respondent from service.

(2.) THE respondent was Assistant Station Master at Ambur in Madras Division of Southern Railway, Madras. He was during the material time elected Secretary (Finance) of the All India Station Masters' Association, Southern Zone. Ext. P 5 letter was published in the letters to the Editor column of the daily 'indian Express' dated 4th August, 1981 under the caption 'railway accidents'. Disciplinary proceedings were instituted against the respondents under the Railway Servants (Discipline and Appeal) Rules, 1968 (D and A Rules) on the charge that he committed serious misconduct and acted in a manner unbecoming of a Railway Servant, in that he had sent the letter Ext. P5 containing objectionable matters, criticising the top administration of the railways, without obtaining the sanction of the competent authority, contravening Rules 3 (1) (i), 3 (1) (iii) and 19 (1) of the Railway Services (Conduct) Rules, 1966. On the basis of the enquiry report, the Divisional Operating Superintendent, Madras, by the impugned older dated 26th August, 1982, removed the respondent from service. The respondent received a copy of the order by registered post on 11th September, 1982 while he was in Badagara, within the State of Kerala. The respondent filed the writ petition before this Court for quashing Ext. P 13 and consequential relief.

(3.) THE appellants contended inter-alia that this Court has no territorial jurisdiction to entertain the writ petition pointing out that no part of the cause of action arose within the jurisdiction of this Court. The authorities whose action is challenged are not functioning within the jurisdiction of the State of Kerala, the respondent is also not functioning within the State and no action was taken in this State. The order dated 26th August, 1982 was served on the respondent by pasting the copy at his last known address in Madras. On the basis of these facts, the maintainability of the petition was challenged by the appellants.