THE UNION OF INDIA Vs. GAYA PRASAD

JUDGEMENT

(1.) These are eight special appeals which raise common questions and it is convenient to decide them by a common judgement.

(2.) The respondents were appointed as loco cleaners in the Northern Railway between 1959 and 1960. According to the conditions of service such employees were required to be medically examined at the time of appointment and every three years thereafter. Near about the expiry of three years' period they were medically examined in July,1963 and they were declared fit in accordance with the standard prescribed for such employees who had completed three years' service. Later on it appears that the appointing authorities felt that the respondents had actually failed at the medical examination undergone by them at the time of their original appointment. They considered that the case was covered by the Railway Board's letter dated 5.5.1952 which proved:-

(3.) The respondents challenged this order by way of writ petitions. A learned single Judge held that the discharge from service on the ground of medical fitness per se amounted to punishment within the meaning of Art. 311(2) of the Constitution. Since the order was passed in violation of Art. 311 (2), it was void.