PRAMOD CHANDRA MOHANTI Vs. DIVISIONAL SUPERINTENDENT, KHURDA ROAD DIVISION, SOUTH EASTERN RAILWAY AND ORS.

JUDGEMENT

(1.) THIS is an application for a writ of certiorari and is directed against a disciplinary order of removal from service.

(2.) IN 1975 Petitioner was working as a First Class Coach Attendant under the South Eastern Railway. On 13 -12 -1975, he was served with the following order:

(3.) IN the counter affidavit, it has been disclosed that in course of a special checking by the Assistant Commercial Superintendent of the South Eastern Railway of Khurda Road at Jajpur Keonjhar Road Railway station on 5 -12 -1975, it was detected that two passengers got down from a first class coach of the 4 Dn. Madras -Howrah Mail without tickets. The passengers on being confronted stated that they had arrived at the Cuttack Railway Station at the last moment and could not purchase ticket and the Attendant (Petitioner) approached the passengers and gave them a free lift in the train after accepting illegal gratification of Rs. 10/ -. The two passengers had, therefore, travelled without ticket from Cuttack to Jajpur -Keonjhar Road railway station. They identified the Petitioner before the Assistant Commercial Superintendent as the person who had accommodated them on payment. On the basis of the report of the Assistant Commercial Superintendent, the disciplinary authority was satisfied that it was not reasonably practicable to hold any inquiry into the matter and in consideration of the circumstances, he recorded an order in the relevant file that the disciplinary inquiry should be dispensed with in exercise of powers under Rule 14(ii) of the Disciplinary Rules. It was further averred in the counter affidavit: