UNION OF INDIA Vs. N K CHANDA ROY

JUDGEMENT

(1.) THIS appeal arises out of the All India Railway Strike which commenced on the 8th May, 1974. The respondents were removed from service without any enquiry held against them. The removal notice in the case of respondent No. 1 is dated the 21st May, 1974. The terms of this notice are as follows: -

(2.) THE removal notice is signed by the appointing authority Removal Notices on the other respondents were also on the same terms. The removal notices contained the residential addresses of the respective respondents. It is well-known that under Article 311 (1) and (2) of the Constitution no person who is a member of a civil service of the Union or All India Service can be dismissed, removed or reduced in rank without holding an enquiry against him. But proviso (b) to sub-article (2) of Article 311 lays down that the enquiry may be dispensed with "where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry. " similar provisions have also been made in Rule 14 (ii) of the Railway servants (Discipline and Appeal)Rules, 1968.

(3.) THE only point for inquiry in this appeal is whether the authority empowered to dismiss had recorded its reasons in writing to show that it was not reasonably practicable to hold an inquiry. These reasons have been annexed to the Affidavit-in-opposition of gouri Sankar Ganguly, Traffic Superintendent of South Eastern Railway at shalimar affirmed on the 9th July, 1974. We set out below Annexure R to this Affidavit. It is as follows : -