KALIKA PATHAK Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) This application arises out of an appeal preferred against the impugned judgment dated October 25, 2017 passed in W.P. No.25712 (W) of 2017. This application is taken up for hearing dispensing with formality of exchanging affidavits with the consent of the parties.

(2.) It is submitted by Mr. Achin Kumar Majumder, learned Advocate appearing for the petitioner/appellant that the subject matter of challenge in the writ application was a second show cause notice dated September 21, 2017 issued by the respondent No.2 asking the appellant to show cause as to why major punishment as laid down in Rule 148.2(a) to 148.2(c) of Railway Protection Force Rules, 1987 (hereinafter referred to as the said Rules) should not be awarded to the appellant. Drawing our attention towards a communication dated May 10/11, 2016 of the respondent No.2 addressed to the respondent No.3, it is submitted by Mr. Majumder, that while considering the matter relating to a disciplinary proceeding initiated against the appellant, the respondent No.2 sent the entire matter back to the respondent No.3 with a view to afford him an opportunity to have a fresh look at the case and to take appropriate remedial measures in accordance with the said Rules in the greater interest of fair play and justice. The above communication was issued after receiving the report of the of the enquiry officer. According to Mr. Majumder, seven points were raised by the respondent No.2 to arrive at his above conclusion which are as follows:

(3.) According to Mr. Majumder, thereafter the second show cause notice dated September 21, 2017, mentioned hereinabove, was issued to the appellant. According to him, no further opportunity of hearing was given to him in the disciplinary proceeding on the basis of the observations made by the respondent No.2 and as a result, the decision making process of the disciplinary authority in issuing the second show cause notice has been vitiated due to the procedural irregularity. It is also his submission that a Court, in course of judicial review, can interfere with the show cause notice even before imposing the punishment when the disciplinary authority has formed an opinion for imposing major punishments upon the appellant on the basis of the disciplinary proceeding initiated against him under Rules 148.2(a) to 148.2(c) of the said Rules, which deals with major punishments like dismissal, removal and compulsory retirement of the delinquent employee.