INDER DEO SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) These are five petitions which raise common questions of law. I consider it proper to dispose these petitions by a common order.

(2.) All the petitioners, except Rajendra Prasad Srivastava, were employed in the Diesel Locomotive Works, Varanasi (hereinafter referred to as the D.L.W.) a public undertaking run and administered by the Railway Administration. Rajendra Prasad Srivastava, petitioner (Writ Petition No. 8273 of 1974) was employed as a clerk in the North Eastern Railway at Gorakhpur. The Disciplinary Authority as defined under the Railway Servants (Discipline and Appeal) Rules, 1968, issued orders removing all the petitioners from service in exercise of its powers under rule 14 (ii) of the said rules. Separate orders in case of each of the petitioners were passed in May, 1974.

(3.) The allegation against the petitioners was that they took leading part in the Railway strike held in May 1974. The Disciplinary Authority removed them from service without framing any charges or holding any enquiry or giving any opportunity to them. The petitioners filed appeal against their removal but the appellate authority upheld the order of the Disciplinary Authority and affirmed the order removing the petitioners from service. Aggrieved the petitioners filed these petitioners under Article 226 of the Constitution challenging the validity of their removal from service.