DEPUTY CHIEF MECHANICAL ENGINEER PERSONNEL BRANCH GOLDEN ROCK WORKSHOP SOUTHERN RAILWAY Vs. G ANNIE CHRISTY

JUDGEMENT

(1.) CHALLENGING the award of the Second Respondent/Industrial Tribunal dated 17.2.2003 in I.D.No.9/2002, ordering re-instatement of the first Respondent in service with continuity of service, back wages and other attendant benefits, Petitioner/Railway has preferred the Writ Petition.

(2.) BRIEF facts in nutshell are as follows:- (i) On 08.09.1980, first Respondent was appointed as a Clerk in Southern Railway at Trichy in the quota reserved for physically handicapped person. On 29.09.1984, first Respondent attended duty and as she was suffering from stomach pain, she submitted half-a-day's leave application to the Office Superintendent/Stores Section. Thereafter, first Respondent received her payment and also received the pay of one Arokiamary Jacintha. According to the first Respondent, as her stomach pain increased due to pre-menses, she rushed home to change her clothes. After recovery of physical condition, first Respondent came to the office at 1.00 P.M. to hand over the salary of Arokiamary Jacintha, where she was stopped by RPF Staff at the armoury gate. First Respondent phoned up to Office Superintendent (General) about her coming to office and thereafter, she was let inside and she handed over the salary of Arokiamary Jacintha to Office Superintendent. (ii) On report by the Office Superintendent, Charges were framed on 04.10.1984 under the Railway Servant (Discipline & Appeal) Rules, 1968, alleging that (i) First Respondent was not available in the Office (Stores Section) from 10.15 hours on 29.09.1984 after signing the Muster Roll, thereby left the office without any proper authority from her superiors and (ii) she deliberately received the salary amount of Rs.709.25 of clerk Arokiamary Jacintha, from the Cashier and went away without informing to anybody about the same. (iii) Denying the charges, on 27.03.1985, Petitioner submitted her explanation. Being not satisfied with the explanation offered by the first Respondent, Mr.K.S.S.Madhvan, Assistant Works Manager / Night Shift / Ponmalai, was appointed as Enquiry Officer. An Enquiry was conducted and the report was submitted on 20.05.1985, wherein first Respondent was found guilty for the alleged charges. Based on the report of the Enquiry Officer, the first Respondent was removed from service on 06.06.1985. On appeal, the punishment order was confirmed by the Appellate Authority on 21.04.1986. The Revision filed by the first Respondent to the General Manager was rejected on 22.09.1992. (iv) Aggrieved, first Respondent raised an Industrial Dispute in I.D.No.9/2002 before the Second Respondent. Observing that non-furnishing of Enquiry Officer's report is clear violation of principles of natural justice, Industrial Tribunal held that the disciplinary proceedings is vitiated. Industrial Tribunal has further held that the findings of the Enquiry Officer are based on no evidence and are perverse and on those findings, Industrial Tribunal ordered re-instatement of the first Respondent with continuity of service, back wages and all attendant benefits. Challenging the said award, Petitioner-Railway has preferred this Writ Petition.

(3.) CHARGES levelled against the first Respondent is that - (i) she was not available in the office (Store section) from 10.15 hours on 29.09.1984, after signing the Muster roll, she left the office without any proper permission from the Supervisor (ii) first Respondent deliberately received the salary amount of Rs.709.25 of co-employee Arockiamary Jacintha, Clerk from the Cashier and 1st Respondent went away without any information to anybody about the same.