SOUTHERN RAILWAY Vs. SAMIKUTTY

JUDGEMENT

(1.) THE administration of the Southern Railway has filed this appeal against the judgment of a learned Judge of this Court holding that the termination of probation of the Respondent spelt in the regions of a punitive action and therefore was violative of Article 311 of the Constitution, as the Respondent had not been afforded a full and fair opportunity for explanation. The action complained of was taken under Rules 24 and 25 of the Railway Protection Force Rules, 1959 which are as follows:

(2.) AS your work during the period of probation was found not satisfactory, please note that your probation has been ceased and you are reverted as Head Rakshak with effect from 11th June 1973 F.N.