SAFDAR HUSAIN Vs. UNION OFINDIA

JUDGEMENT

(1.) THESE appeals arise from the dismissal of a suit for declaration of the plaintiff' s removal from railway service as void and/or other connected reliefs, namely, a permanent injunction restraining the defendant from realising the sum of Rs. 10,510.21 Paise from the plaintiff by deducting the same from the Provident Fund dues payable to him, a declaration that the plaintiff is entitled to 15 months' pay by way of gratuity permissible under the rules on reaching the age of superannuation on 12-5-1971 and any other appropriate relief. The trial court dismissed the suit with costs. The plaintiff preferred an appeal which was partly allowed by the Addl. District Judge, Bareilly and the order dated) 6-8-1970 passed by the defendant directing recovery of Rupees 10,510.21 paise from the plaintiff was set aside. The rest of the decree was maintained. In these circumstances both parties have filed the present appeals in this court

(2.) THE basic facts of the case are not in dispute. THE plaintiff-appellant Safdar Husain was posted at Bareilly railway station of the Northern Railway as Head Stock Clerk entrusted with the duty of keeping the stocks of railway tickets. In 1967, however, he was further entrusted with the functions of the Chief Booking Clerk on retirement of the original incumbent to that post. In his capacity as the Chief Booking Clerk he was expected to maintain accounts of cash entrusted to him by various Booking Clerks on sale of tickets or otherwise. He had an iron safe in his office for keeping cash. THEre was also originally an iron almirah in the office room of the Assistant Station Master in which he was expected to keep cash at night. This almirah, however, went into the use of the Assistants Station Master because his own almirah had gone out of order sometime in 1967. Consequently the plaintiff appellant had at his disposal only the iron safe in his own office room. This office room had one door on the backside which used to be closed by a chain latch. THE main door of the office room opened on the side of the platform which used to be locked after the office hours. THE office also had an almirah in which the stocks of tickets used to be kept.

(3.) ON these charges an enquiry was held by Sri K. N. Wali, Deputy Commercial Superintendent who submitted his report and held that the above three charges had been proved against the appellant. He, however, further found that the appellant has not misappropriated the amount. The report and the documents etc. were forwarded to the Divisional Superintendent, Northern Railway, Moradabad who was the disciplinary/appointing authority. The latter issued a second show cause notice dated 2-5-1970 with a tentative punishment of removal from service of the appellant and recovery of Rs. 10510.21 Paise from his dues. The appellant submitted his reply to the show cause notice. The Divisional Superintendent passed final orders on 7-8-1970 confirming the second show cause notice and consequently ordering removal of the appellant from service and recovery of Rs. 10510.21 P. from his settlement dues. It was this final order which was challenged by the plaintiff in the suit which has given rise to these appeals.