RAMESHCHANDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution the petitioner seeks a writ of certiorari for quashing an order of removal, dated 29th December 1964, passed by the Divisional Superintendent, Central Railway. Bhusawal. as also an order dated 7th August 1965. passed by the Chief Engineer. Central Railway. Bombay, in appeal confirming the order of removal.

(2.) DURING the relevant period, the petitioner was in charge of a Construction Depot of the Central Railway at Itarsi as a Store-Keeper-cum-Senior Clerk Shri C. S patankar, Assistant Engineer, Itarsi. was his immediate superior. It appears from the record that on 27-5-1961 a truck carrying about 100 bags of cement was checked by the Station House Officer, Itarsi, on suspicion that the cement belonging to the Railway Administration was being carried away surreptitiously. The cement bags were seized and the police authorities started investigation. Shri patankar was informed by the police authorities about the seizure and in his presence the police authorities got the stock of cement at the Depot verified the account-books and other registers were inspected and a sum of Rs 400/- was also seized from the petitioner. It appears that the police authorities had also recorded statements of various persons including that of the petitioner After the enquiry, the police authorities prosecuted the petitioner under section 409 of the Indian penal Code along with three other persons whe participated in the removal of the bags of cement for various offences.

(3.) WHEN the matter of removal of 100 bags of cement came to the notice of the railway Authorities, they also made some enquiry and the Divisional superintendent, Central Railway. Bhusawal, took the decision to initiate departmental proceedings against the petitioner. Accordingly, the Divisional superintendent served the petitioner with a charge-sheet, dated 1st June 1961. The charges framed were: