GURUPROSAD MAZUMDAR Vs. RAILWAY BOARD

JUDGEMENT

(1.) THIS appeal is directed against a judgment and order dated March 15, 1972. The appellants claim to be members of the Eastern railway Protection' Force Association, which was registered on August 14, 1970. They also claim to be office-bearers of the Association. According to them, they tried to get the Association recognised by the Railway administration, who, however, did not give the recognition. It is alleged that although the Association had been formed under rule 33 of the Railway Protection Force rules, 1959, the Railway administration had withheld recognition of the Association malafide without assigning any reason.

(2.) ON June 11, 1971, the appellants moved this Court under Art. 226 of the constitution, when an order was made directing the Chief Security Officer, eastern Railway, to appear before the court at the hearing of the application. On June 14, 1971, an order was made by which all the appellants were transferred to different Zonal Railways with immediate effect A Rule Nisi was issued, but this Rule was discharged by the judgment and. order mentioned above. This appeal is directed against the order discharging the Rule.

(3.) THE first point argued by Mr. Noni Coomar Chakravarti, appearing for the appellants was that the order of transfer was made malafide. He argued that the order was made because the appellants moved the writ petition demanding recognition of the association of which they were office-bearers and because in that application, an order was made directing the Chief Security officer, Eastern Railway, to appear before this Court when the application came up for hearing. The allegations regarding malafide have been made in paragraphs 10 and 14 of the petition, in which it has been alleged, firstly, that the order was made because the writ petition was moved demanding recognition of the Association and secondly, because the object of the transfer was to make the said application infructuous.