(1.) SHISHIR Kumar, J. The present writ petition has been filed against the order dated 17. 7. 1982 (Annexure 9 to the writ petition) and order dated 21. 5. 1984 passed by the Divisional Railway Manager, Allahabad and theaward dated 2. 3. 1998 passed by the Labour Court, Kanpur (Annexure 12 to the writ petition ).
(2.) THE facts arising out of the present writ petition are that the petitioner was appointed as Lady Ticket Collector and was posted in Northern Railway at Allahabad. THE petitioner was a confirmed employee and there was no complaint against the petitioner. That around September-October, 1981 when the petitioner was posted at Allahabad, the A. C. S. called her several times with ulterior motive but the petitioner being an honest and a person of high integrity and of religious devotion coufd not yield to his ill desire. On 14. 10. 1981, the petitioner alongwith her two sisters went to Maiher temple and came back in the midnight of 14/15. 10. 1981 and due to the aforesaid circumstances, they had to pass the night at station and accordingly the petitioner deposited Rs. 60.00 with T. C. at the booth informing him to issue reservation ticket for Retiring Room No. 1 (Deluxe ). THE A. C. S. on receipt of this information made a plan and taking stay of the petitioner at the Retiring Room as unauthorised, reported the matter to the Divisional Com mercial Superintendent and illegally arranged a surprise checking at 4. 45 a. m. on 15. 10. 1981. Petitioner was asked about the authority of the petitioner's occupa tion. Petitioner informed that she has already deposited Rs. 60 with the ticket Collector on the booth and as he was busy in other engagements he assured the petitioner to issue a receipt then these officers visited the ticket Collector booth rooms and enquire into the matter.
(3.) THE petitioner has not been afforded any opportunity before the inquiry officer. THE inquiry officer did not supply the relevant documents and the wit nesses to whom they rely so that the petitioner might prefer her defence accord ingly even the list of four documents mentioned in the memo of charges were not supplied to the petitioner. THE petitioner again in her reply dated 26. 6. 1982 sub mitted to the Divisional Commercial Superintendent, Northern Railway, Allahabad, again reiterated her stand that the proceedings before the same authority who is involved in the matter cannot go legally and if he is permitted to proceed, action will be biased and full of revengeful spirit. Further prayer was made to supply the relevant documents mentioned in the statement of witnesses to enable her to submit her explanation. A copy of the same has been annexed as Annexure 8 to the writ petition. Without affording an opportunity to provide him with necessary and relevant documents, the enquiry officer has submitted a report against the petitioner and on the basis of the ex-parte enquiry report an order was passed on 17. 7. 1982 by the Senior Divisional Commercial Superintendent, Northern Rail way, Allahabad, dismissing the petitioner from service by a non-speaking order.
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