R ANANTHANARAYANAN Vs. GENERAL MANAGER, SOUTHERN RAILWAY, MADRAS

JUDGEMENT

(1.) In January 1954, the petitioner was an Assistant Bridge Inspector in the employ of the Southern Railway. Under the rules then in force disciplinary action against such an employee could be taken in one of the following ways :

(2.) On 25-1-1954 the General Manager of the Southern Railway wrote to the petitioner intimating him that it was proposed to take action against him under the Railway Services (Safeguarding of National Security) Rules, and requiring him to say whether he wished to proceed on such leave as was due to him. On 18-2-1954 the petitioner replied that he was surprised at the communication that had been sent to him, that he was ignorant of the grounds on which it was proposed to take action and that there was no provision in the rules whereby he could be compelled to go on leave. However, without, prejudice he asked for 15 days leave to be granted to him. No order granting leave appears to have been issued.

(3.) Learned counsel for the respondent took the preliminary objection that the petition is premature. According to him the petitioner has so far suffered no injury and he is bound to wait till the President has passed orders under R. 3 of the Rules of 1954. According to him, the petitioner cannot seek the protection of this Court when the disciplinary enquiry against him is still pending.