BABU RAM Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This petition had been filed in the High Court of Calcutta as W.P. C.R. No. 6156 -W/85 and on transfer under Sec. 29 of the Administrative Tribunals Act, 1985 has been re -numbered as T.A. 1896 of 1986.

(2.) The petitioner, a Fitter in the Eastern Railway, was removed from service on the basis of the disciplinary action initiated against him for being in possession of railway quarter unauthorisedly.

(3.) The case was argued on the short point that he was denied a reasonable opportunity in defending himself. This is evident from Annexure 'E' to the petition in which the Disciplinary Authority, the Divisional Electrical Engineer (TRD), Eastern Railway had communicated the Inquiry Officer's report along with the notice of removal from service vide his letter No. ECO/352/11/34 dated 24 -4 -1985. This action of the Disciplinary Authority had resulted in a denial of reasonable opportunity being given to the petitioner to make his representation to the Disciplinary Authority before he came to a anal decision on the disciplinary proceedings. The Learned Counsel for the petitioner cited the decision of the Full Bench of this Tribunal in Bombay,, (1988)36 ATC 904, Shri Premnath K. Sharma vs. Union of India and Others in which it has been held that the petitioner has a right to make a representation against all material that may be put against the charged officer, including the Inquiry Officer's report before the Disciplinary Authority comes to a conclusion, with regard to the guilt or otherwise of the charged officer.