SRIKANT UPADHYA Vs. UNION OF INDIA

JUDGEMENT

(1.) These are two applications, one by Srikant Upadhya and the other by Ram Raj Singh, both permanent employees of the Railway Administration, under Article 226 of the Constitution, for a writ in the nature of certiorari, to call up and quash the departmental proceedings as well as the proposed punishment of dismissal made against them. As they involve cognate questions of law and facts, both these applications have been heard together and will be governed by one judgment. The facts are these :

(2.) On the relevant date, the two petitioners, Srikant Upadhay and Ram Raj Singh, were posted, respectively, as Relieving Transportation Assistant and Driver, grade B, at the Moghulsarai station on the Eastern Railway. The former was the President and the latter Vice President of the branch office of the Eastern Railwaymen's Union at Moghulsarai in the year 1956. On the 17th and 18th March, 1956, a serious incident culminating in a strike of the loco staff took place at Moghulsarai. At about 23.55 hours on 17-3-1956 Santu Ram, Shunter, and Lalbihari Cleaner, of Loco shed, Moghulsarai, were caught by the Officers of the Railway Protection Force while they were engaged in removing Brass Bearings from the railway wagon. The said officers arrested them and proceeded from the loco shed to the Railway Protection Force office. In the meantime Shunter Antu Ram, brother of Santu Ram, who was on duty at the Inspection Pit attempted to release them by force and, therefore, he too was arrested. On receiving information of their arrest, Muhammad Ibrahim, Assistant Loco Foreman, requested Sri Chaudhary, the Railway Crime Inspector, for their release, but to no effect. Thereupon, at 2.15 hours on 18-3-1956 the Loco Foreman asked Md. Ibrahim on the phone to contact Sri Chaudhary and obtain their release on bail. He also asked Md. Ibrahim to apprise Sri Chaudhary of the tense situation in the loco shed. Md. Ibrahim's intervention proved unavailing. It is said that Antu Ram was subsequently released. This resulted in further intensification of the agitation and petitioner Srikant and Sitaram Singh, Treasurer of the Union, were informed of the situation at 2.45 hours and at their request the Loco Foreman came to the loco shed at 3.15 hours and all three contacted immediately Sri Ganguly, Inspector, about their release, but to no avail. It is alleged that Sri Ganguly also indulged in some abusive words with respect to the railway staff which further infuriated the mob. At about 4.00 hours, petitioner Srikant contacted Sri B.B. Lal, Divisional Mechanical Engineer, Dinapur, on the phone and apprised him of the tensp situation prevailing at Moghulsarai and further requested him to try for their release. At about 5.30 hours the Loco Foreman sent a message to the Divisional Mechanical Engineer and also to the Deputy Controller and Power Controller, Dinapur, to the effect that due to the arrest of the Shunter and the Cleaner, the loco staff went on strike at about 4.50 hours, with the result that several Up and Down trains had been held up at the station and further that the workers were, however, peaceful. Mr. B. B. Lal, reached Moghulsarai at about 9.00 hours, studied the situation and tried for release of the arrested persons. They were eventually released on bail by the Railway Magistrate at about 9.30 hours. At about 10.00 hours Mr. S.N. Wadhwa, the then Divisional Superintendent, met the workers of the loco shed and asked them to join their duty at once on the threat of disciplinary action being taken against them. The workers resumed their duty at 14.00 hours on 18-3-1956 on the assurance given by him that there would be no victimisation. Mr. Lal and Mr. Wadhwa remained at Moghulsarai till 14.00 hours and 15.00 hours, respectively, watching the situation there. The arrested persons were eventually tried and acquitted of the charge by the Railway-Magistrate on 6-5-1957.

(3.) On 18-3-1956, a Committee consisting of Sri B.B. Lal, Divisional Mechanical Engineer, Sri C.D. Chatterji, Divisional Operating Superintendent, Sri D. Das Gupta, Divisional Personnel Officer, and Sri Mitra, Assistant Security Officer, was constituted to ascertain the facts regarding the whole occurrence, and the said Committee conducted a fact-finding enquiry on 19-3-1956 at Moghuslarai and examined some witnesses, including the petitioners.