KANTILAL GANDALAL MADHAK Vs. UNION OF INDIA

JUDGEMENT

(1.) Admit. Mr. Shah waives service of notice of admission on behalf of the respondents. At the request of the learned advocates, appeal is taken up today for final hearing.

(2.) The appellant, being aggrieved by an order passed by the learned single Judge on 22/06/1998 in Special Civil Application No. 5609 of 1985, has preferred this appeal.

(3.) The short facts, as it emerges from the record, are as follows : The appellant, who was discharging his duties as Railway Protection Force Constable, was served with a show-cause notice Annexure-A to the petition, dated 26/09/1985, inter alia, alleging that the appellant was stationed at Veraval during the period 30/31-8-1985 and, during that period, he in collusion and active connivance with Shri Ganga Ram and Shivpal Singh abused his position and as a Railway servant failed in his duties to prevent the theft of steam coal committed at Veraval. The competent authority was satisfied that it was not reasonably practicable to hold an inquiry in the manner provided under Rule 44 of the R.P.F. Rules, 1959 and, on satisfaction being reached, the facts referred to hereinabove were accepted to be correct and show-cause notice was given to the appellant, as to why penalty of dismissal should not be imposed. The learned single Judge was of the view that the appellant-petitioner has been given an opportunity to represent his case before the appropriate authority and petition is filed only against the show-cause notice under Rule 47(b) of the R.P.F. Rules, 1959. As observed by the learned single Judge, it was filed at a premature stage. The learned single Judge further observed that it is also a premature stage to arrive at a finding that the competent authority was not justified to dispense with the inquiry and that the notice is illegal and against the principles of natural justice. By dismissing the Special Civil Application, interim order passed by the Court stood vacated.