M KATHAVARAYAN Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER seeks Writ of Certiorarified Mandamus to quash the order of the 4th Respondent dated 13.7.1983 and direct the 2nd Respondent to reinstate the PETITIONER with back wages along with other benefits to the post as Rakshak in Southern Railways.

(2.) FACTS in nutshell are as follows:- (i) Petitioner was appointed as Constable (Fire Branch), Railway Protection Force on 06.02.1973. He had his initial training at RPF Training Centre, Kimber Garden, Trichy and after completion of training, he was posted as Constable (Fire Branch) at Integrated Coach Factory [ICF], Perambur on 06.10.1973. During the period, Petitioner was punished once for unauthorised absence and thereafter, Petitioner was posted as Constable (Fire Branch) at Engineering Workshop at Arakkonam on 25.07.1978. Petitioner absented himself for duty from 10.10.1980 to 30.10.1982 and was issued with a major penalty charge sheet together carrying therein the earlier punishments. (ii) Petitioner did not prefer any appeal to the Security Officer, Madras who was the Appellate Authority. After lapse of 4 years i.e. in 1987, Petitioner preferred representation to the 3rd Respondent - Southern Railways who in turn confirmed the penalty awarded by the order dated 03.02.1988. (iii) Thereafter, Petitioner filed W.P.No,21366/2004 and as per the direction of the High Court, opportunity of a personal representation was afforded to the Petitioner and 2nd Respondent by order dated 06.01.2006 dismissed Petitioner's representation. Challenging the order of removal from service [dated 13.7.1983], Petitioner has preferred this Writ Petition.

(3.) WHILE Advocates were on boycott, Petitioner himself appeared in person and made his submissions.