NARASIMHA Vs. PRODUCTION ENGINEER

JUDGEMENT

(1.) This is an application filed under Art 226 of the Constitution for the issue of a writ of certiorari to quash the order of the 1st respondent dated 5-4-1972 and that of the 2nd respondent confirming the same dated 1-7-1972. It arises in the following circumstances.

(2.) The petitioner was employed as a Khalasi on 3-12-1952. He was promoted thereafter on 18-1-1967 as furnace man. He was found to be in possession of copper wires belonging to the Railway. He was therefore prosecuted under Section 3 (a) of the Railway Property (Unlawful) Possession Act, 1966. The Trial Court found him guilty under the said section and sentenced him to undergo rigorous imprisonment for one month. The petitioner therefore filed Criminal Appeal No. 126 of 1971. The Chief City Magistrate-cum-Addl. Sessions Judge and District Magistrate, Hyderabad by his judgment dated 19-8-1971 agreed with the conclusion of the trial Court that the petitioner has committed the offence in question. The learned Judge, however, considering the fact that the writ petitioner was a first offender chose to deal with him under Section 3 of the Probation of Offenders Act, 1958. He therefore modified the sentence awarded by the trial Court and admonished him under section 3 of the Probation of Offenders Act and he was thereafter released.

(3.) While so, the petitioner was removed from service under Rule 14 of the Railway Servants (Discipline etc.) Rule, 1968 by the impunged orders. This writ petition is filed to question the correctness of those orders.