R.C. CHAKRAVARTY Vs. DIVISIONAL SUPERINTENDENT, EASTERN RAILWAY

JUDGEMENT

(1.) This appeal is directed against a judgment and order of Banerjee, J. dated September 5, 1962, whereby a rule nisi obtained by the Appellant on a petition under Article 226 of the Constitution was discharged.

(2.) The Appellant held a permanent post in the Eastern Railway as Divisional Personal Inspector. The appointment was made by the Deputy General Manager (Personnel) of the East Indian Railway which later came to be known as the Eastern Railway. On July 11, 1960, the Appellant was arrested under the orders of the District Magistrate, Howrah, and was detained in the Dum Dum Central Jail from July 11, 1960 to July 22, 1960, when he was released under the orders of the Government of West Bengal. On July, 14, 1960, an order was issued on the signature of the Divisional Superintendent, Howrah, whereby 42 employees (including the Appellant) of the Eastern Railway, who were alleged to be on illegal strike, were placed under suspension with immediate effect. On July 26, 1960, another letter was addressed by the Divisional Superintendent, Howrah, to the Appellant whereby the latter was informed that he was put on suspension with effect from July 14, 1960. The Appellant was also informed by this letter that during the period of suspension he would draw subsistence allowance on half average pay and other usual allowances. It is alleged in the petition that by the said letter dated July 26, 1960, a suspension order was made with retrospective effect from July 14, 1960, on which date the Appellant was under preventive detention. On September 7, 1960, an office order was issued by the Divisional Superintendent, Howrah, whereby it was provided that as the Appellant was detained under Preventive Detention Act with effect from July 12, 1960, he should be considered as under suspension with effect from the same date in terms of para. III of appendix XXXI to the Indian Railway Establishment Code, vol. II. It was further provided in this order that the said office order made on July 14, 1960, placing the Appellant and 41 employees under suspension, should be deemed to have effect immediately on the Appellant's release from detention.

(3.) It is alleged in the petition that by reason of the Appellant's preventive detention, he was deemed to be under suspension for the period from July 12, 1960 to July 22, 1960, in accordance with the Rules contained in para. III of appendix XXXI to the Indian Railway Establishment Code, vol. II.