LAWS(GAU)-1983-1-12

JYOTISH CHANDRA MEDICAL CHOUDHURY Vs. DIVISIONAL MEDICAL OFFICER, N.F. RAILWAY, BADARPUR, CACHAR AND OTHER

Decided On January 21, 1983
JYOTISH CHANDRA CHOUDHURY Appellant
V/S
DIVISIONAL MEDICAL OFFICER, N F RAILWAY, BADARPUR CACHAR Respondents

JUDGEMENT

(1.) A Citizen has every right to ventilate his/her grievance in the Court of law, if otherwise, he/she is not debarred to do so under the law itself. Here we are dealing with a case of a Junior Dresser who was transferred to the office of the Divisional Medical Officer, N. F. Railway at Badarpur from Lumding Division of N. F. Railway where he was appointed in 1955 at a monthly pay said to be Rs. 75/-. The petitioner was removed from the service by an impugned order dated 3-1-75 of the Divisional Medical Officer, N. F. Railway, Badarpur who was the disciplinary authority. This order has been challenged by the petitioner in this writ application along with another order dated 27-8-1975 passed by the appellate authority resulting in dismissal of his appeal preferred against the order of his dismissal.

(2.) What happened in this case is that the petitioner since his appointment as Junior Dresser in Medical Department of Lumding Division, N. F. Railway, he was working there till 1973 while an order of transfer was issued directing the petitioner to join at Badarpur. In 1973 as stated by the petitioner, he was an active member of the Medical Staff, Council. Lumding representing the Medical staff. While the petitioner advanced the grievances of the staff before the appropriate authority claiming to obtain certain legitimate right, the authority did not like the activities of the petitioner and as alleged here in this petition, as a measure of punishment he was transferred to Badarpur by the respondents vide office order No. E/CON/ LM/3 dated 4-12-1973. However, before the order was issued, the petitioner as stated by him, was on leave for ten days w.e.f. 27-11-1973 for which he made an application for granting such leave to him. After expiry of the period of 10 days, the petitioner further asked for extension of leave for another 25 days by his application dated 6-12-1973. As he could not join his service due to his illness he further submitted an application on 1-1-1974 for extension of his leave for another 75 days on the ground of his illness, He was treated by an Ayurvedic Kabiraj and as required under the Rule, he duly forwarded the medical certificate of his illness. The further grievance of the petitioner is that he did not get any information about his leave applications submitted from time to time praying for extension of leave. But 10 days leave which he applied for initially was granted on half average pay on and from 27-11-1973 prior to the transfer order.

(3.) On expiry of initial leave granted for 10 days, a departmental proceeding was started against the petitioner under Rule 9 of the Railway Service Discipline and Appeal Rules, 1968 by the Divisional Medical Officer, N. F. Railway, Badar- pur vide order dated 19-3-1974 enclosing the article of charges, the relevant portion of which reads as follows: