K.MUNIYANDI Vs. DIRECTOR GENERAL

JUDGEMENT

(1.) Mr.Y.Krishnan, learned Counsel on record for writ petitioner and Mr.S.Manohar, learned Special Counsel for Railways on behalf of all eight respondents are before this Court.

(2.) With consent of learned Counsel on both sides, main writ petition is taken up, heard out and is being disposed of.

(3.) Nucleus of this writ petition is an association which goes by the name 'All India Railway Protection Force Association' ('AIRPFA' for brevity and convenience). Undisputed facts are that AIRPFA is a registered Society under Societies Registration Act 1860; that the Registration number is 34924/1999; that the date of registration is 28.05.1999; that post registration Railways (to be noted all the respondents are being collectively referred to as 'Railways' for the sake of brevity and convenience) recognized AIRPFA on 11.08.1999; that such recognition of AIRPFA is under Section 15-A(1) of ' The Railway Protection Force Act , 1957 (23 of 1957)' and Rule 115 of the 'The Railway Protection Rules, 1987' (hereinafter to be referred to as 'said Act' and 'said Rules' respectively for brevity and convenience); that grant of recognition which is described as 'sanction' in the Rule ie., Rule 115 is sanction within the meaning of Section 15-A(1) of the said Act which deals with restrictions in respect of right to form association etc., ; that said Act is of the year 1957, but Section 15-A was inserted in the said Act in 1985; that such sanction was granted to AIRPFA on 11.08.1999 by Railways; that the sanction dated 11.08.1999 adumbrates as many as 26 conditions; that the conditions inter alia mention that the list of members, office bearers and changes in the same, either by election or co-option shall be communicated to Railways; that in 2018 (to be precise 12.11.2018 and 28.11.2018) when communication was sent to railways regarding office bearers of AIRPFA, Railways refused to recognise the office bearers on the sole ground that they have been chosen in violation of AIRPFA bye-laws of the year 2001; that this refusal communication dated 08.01.2019 sent by the third respondent bears reference 2010/Sec(Spl)/6/1; that consequent to this, fifth respondent sent a communication dated 09.01.2019, bearing reference X/80/AIRPFA/SR on the same lines and it was followed by an order passed by the sixth respondent dated 25.02.2019 bearing reference No.SXT/P.420/AIRPFA/2016; that instant writ petition has been filed assailing these three orders which hereinafter shall be referred to as first impugned order, second impugned order and third impugned order besides being referred to as 'impugned orders' collectively for the sake of convenience and clarity.