RAZA TEXTILES LTD Vs. KISHORI LAL SHARMA

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution and arises out of the following circumstances. Opposite party 1, Kishori Lal Sharma, was in the service of the petitioner-company as a permanent cotton clerk. The company had made a claim against the railways in respect of freight of 360 Californian cotton bales on the ground that it had been overcharged. According to the petitioner the bales were full-pressed while the company had been charged on the basis of the bales being half-pressed. This contention was accepted by the station-master, Rampur, who issued a certificate to the petitioner on 8 April, 1961. On 29 April, 1961 an inspector of the Northern Railway came to Rampur for verification of the claim and inspection of the bales in the mills of the company. The inspector met Sri C. S. Misra, the scrutinizing officer and incharge of the cotton section of the mills. Sri Misra directed Kishori Lal Sharma to show the bales in question to the inspector and also to allow him to measure the bales. While a confidential document, opposite party 1 gave to the inspector the weight list of the bales maintained by the company. According to the petitioner the weight list was a confidential document and opposite party 1 was not authorized to give it to the inspector without the previous permission of Sri C. S. Misra or other superior officers. Kishori Lal Sharma did not inform Sri C. S. Misra that he had handed the weight list to the inspector until the morning of 1 May, 1961. On the morning of 1 May, 1961 the general superintendent of the company called Sri C. S. Misra and told him that he had come to learn that the railway inspector had obtained a copy of the weight list and wanted to know whether the information was correct and whether Sri C. S. Misra had given the weight list to the inspector. Sri C. S. Misra replied in the negative and said that he would make necessary enquired in the matter. Sri C. S. Misra, then, asked Kishori Lal Sharma and it was, then, that opposite party 1, at 11 a.m., on 1 May, 1961 told Sri C. S. Misra that he had handed over a copy of the weight list to the railway inspector. On the matter being referred to the General Superintendent, an enquiry into the matter was ordered by him.

(2.) THEREAFTER on 3 May, 1961 a chargesheet was served on opposite party 1 under standing order 23(n) for clerks. Kishori Lal Sharma was asked to appear before the enquiry officer on 5 May, 1961 and to furnish an explanation why he should not be punished under the provisions of the standing order. Standing order 23 (n) for clerks is as follows:

(3.) THE report of the enquiry officer was placed before the general superintendent of the mills who was convinced that Kishori Lal was guilty of the offence with which he was charged and it was not in the interests of the company that his services should be retained and, therefore, ordered that his services should be terminated under standing order 20 for clerks. Standing order 20 for clerks runs as follows: