HOWSILA PROSAD Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) C.R. No. 2500 (W) of 1982 was filed in Calcutta High Court by the applicant on 1.3.1982 praying for a direction to the respondents to cancel, withdraw and rescind the impugned order of suspension dated 12.1.1981 (Annexure -A) and the impugned order of removal from service dated 26.2.1982 (Annexure -E).

(2.) The writ petition was received in this Bench on transfer under Sec. 29 of the Administrative Tribunals Act, 1985 and registered as T.A. of 1986.

(3.) The applicant joined the Eastern Railway in 1971 as Gangman was subsequently confirmed in the said post. He was placed under suspension with effect from 12.1.1981 vide the impugned order dated 12.1.1981 (Annexure -A). Thereafter, he was furnished with a major penalty charge -sheet dated 11.2.1981 for allegedly abusing the Permanent Way Inspector in presence of other staff on 18.11.1980, for obstructing the Permanent Way Mistry and threatening him on 10.1.1981 and for assaulting Shri Murari, Permanent Way Mistry on 12.1.1981. Pursuant to the chargesheet, a departmental inquiry was started under Railway Servants (D & A) Rules, 1968 (hereinafter referred as D & A Rules) on 28.5.1981 and the same was concluded on 16.11.1981. The applicant duly appeared in the inquiry. He submitted his defence note to the Inquiry Officer on 18.11.1981 categorically denying the charges as false, fabricated and baseless. He was informed by the Disciplinary Authority (respondent No.7) through his memo dated 19.12.1981 (Annexure -B) that the Inquiry Officer ceased to exercise his jurisdiction due to urgency of Railway work and that respondent No. 7 would proceed to inquire into the charges against the applicant. The applicant pointed out through a representation dated 3.1.1982 (Annexure -C) that under the provision of Rules 9(2) and 9(18) of the D & A Rules the Disciplinary Authority had no jurisdiction to act as the Inquiry Office, as the D & A inquiry had already been completed by the appointed In Officer. He submitted another representation on 25.2.1982 through his advocate (Annexure -D) reiterating the same point. He was served punishment notice of removal from service with effect from 1.3.1982 vide the impugned order dated 26.2.1982 (Annexure -E). Thereafter, the applicant filed the writ petition in, which he submitted that the respondent acted in gross violation of Arts. 14 and 16 of the Constitution and also in violation of the principle of natural justice and the relevant rules.