BARKAT RAI Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) Counsel moves under Article 226 for sending for the records of the petitioner's case and for quashing the order of dismissal passed against him.

(2.) The petitioner alleges that on the 4th July 1927 he was appointed a permanent Way Inspector by the Chief Engineer of the North Western Railway, that he was confirmed in May 1941 and has been a permanent Way Inspector for a period of 24 years, that on the 4th November 1950 he was suspended by an order sent to him by telegram of the same date by the Divisional Superintendent, Ferozepore, that an inquiry was held after a copy of the charge sheet was given to him by the Enquiry Committee appointed by the Divisional Superintendent; that the members of the Board of Enquiry were inefficient and incompetent to enquire into his conduct, that the enquiry was held partly in his presence and partly in his absence and that the conclusions arrived at by the Board of Enquiry were tainted and vitiated and could not be binding on the petitioner. The Committee of Enquiry gave a finding against the petitioner and he was ordered to be removed from service as from the 28th June 1951 and another letter was received by him dated the 21st January 1952 from the Divisional Superintendent, New Delhi, affirming the order 'of his removal.

(3.) The petitioner submits that his removal is contrary to law as he could not be removed from service by the Divisional Superintendent as his original appointment was by the Agent of the then North Western Railway.