ISHAR DASS Vs. NORTHERN RAILWAY ETC.

JUDGEMENT

(1.) The petitioner is employed as a Guard in the Northern Railway. On the intervening night of June 15 and 16, 1968, he was on duty as a Guard on 33 - UP Kashmir Mail from Delhi to Ludhiana. At about midnight, the vigilance staff on surprise check found the wife, daughter and three sons of the petitioner sleeping in the brake-van of the train without ticket. The petitioner was carrying the family without any railway pass or a ticket. In his statement to the Vigilance Inspector, the petitioner admitted his fault. He was thereupon suspended & charge-sheeted on two counts, that is, carrying his family members without ticket or pass and for misbehavior and use of unparliamentary language toward the vigilance officials. The petitioner submitted his reply to the charge-sheet. After holding enquiry, Shri A.P. Sharma, Assistant Commercial Superintendent Ferozepur, vide his report dated 28th of November, 1970, exonerated the petitioner on both the counts. The Divisional Operating Superintendent of the Northern Railway, Ferozepur, on examination of the report, vide orders dated 22nd of March, 1971, accepted the report of the Inquiry Officer exonerating the petitioner of the charges. The report of the Inquiry Officer was reviewed by the Divisional Superintendent, Ferozepur, on 4th of June, 1971, and he also agreed with the report of the subordinate officials. On 20th of March, 1972, the General Manager of the Northern Railway reviewing the order of the Divisional Superintendent, issued a show cause notice, Annexure P.5, the petitioner to show cause why he should not be removed from service. The petitioner submitted his reply to the show cause notice dated 19th of December, 1972, Annexure P.4 to the petition. On considering the reply of the petitioner, the General Manager of the Northern Railway cancelled the show cause notice, Annexure P.5, and issued another Annexure P.7 to the same effect.

(2.) The petitioner has sought the quashing of this show cause notice Annexure P.7 dated 31st of January, 1974, on the ground that according to rule 25 of the Railway Servants Discipline and Appeals) Rules, 1968 (hereinafter referred to as the Rules), only one of the authorities mentioned in rule 25 could review the orders. After one of these authorities had exercised the powers of review, no further power of review was available to the officers mentioned in rule 25 sub-rule (1). Since the power of review had been exercised by the Divisional Superintendent, it could not be exercised by the General Manager. Another attack in the petition has been lavelled against the show cause notice on the ground that once the show cause notice had been cancelled, another show cause notice, that is, Annexure P.7 on the same grounds could not be issued.

(3.) The return on behalf of the respondents, was filed by Shri Rajinder Lal Dhawan, Assistant Personal Officer, Northern Railway. The facts alleged by the petitioner were admitted. It was averred that the General Manager had the power of review and that the earlier show cause notice, that is, Annexure P.5 was cancelled because at the time of its issue, the statement of Manohar Singh, a Clerk of the Station Master, Ludhiana, who was not examined in the enquiry, was considered. The issue of the second show cause notice was defended. The statement of the petitioner recorded by the Vigilance Inspector was also put up as Annexure R. 1.