MANIK CHAND DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners through this writ application pray for issuance of a Writ of Certiorari, quashing orders of their removal dated December 14, 1976, passed by the Security Officer, II, How-rah, now Respondent No. 4, as contained in Annexure- 4, and by way of ancillary relief further pray that the respondents be directed to reinstate them and to pay arrears of their salary.

(2.) The relevant facts are in a narrow compass. The petitioners like Respondent No. 6 served the Railway Protection Force as Rakshaks for decades. They all were served with charge-sheets. Copies of the charge-sheets prepared by the Assistant Security Officer, Eastern Railway, Jamalpur served upon the petitioners are Annexures-1 and 2 to the writ application. It has been stated therein that they had grossly neglected in their duty and failed to prevent or detect the pilferage of wheat and Kabuli gram by 10/12 miscreants at 4.00 hours of May 22, 1975 from Wagon No. N.R. 77619 and G.R. No. 55099 at BHW Yard, The petitioners along with respondent No. 6 were suspended by the Assistant Security Officer, Eastern Railway on June 4, 1975. Departmental Proceedings were also started to probe the charges framed in which the Enquiring Officer (2), Eastern Railway found them not conniving with the accused persons and taking several other relevant facts in account revoked the suspension orders of the petitioners and respondent No. 6 by an Order dated August 12, 1976, as contained in Annexure-3. The pay scale of the petitioners, however, was reduced from Rs. 216 to Rs. 200 for two years. The petitioners assert that they also joined their duty without any objection raised by any one. The petitioners, thereafter, were served with provisional review order along with show-cause notices (not attached with the writ petition) also and finally removal letter dated December 14, 1976 (Annexure 4) passed by the Security Officer II, Howrah who passed under Rule 60 of the Rules. The petitioners preferred appeals before the Chief Security Officer, Calcutta. The appeals were rejected by an order dated November 22, 1977, as contained in Annexure 5. Thereafter they made a joint representation before the Hon'ble Minister, Railways, as contained in Annexure 6. Respondent No. 6, who was similarly removed, however, filed Title Suit No. 1 of 1979 for declaration of the order dated December 14, 1976 (supra) as illegal, void and ultra vires. The said suit was dismissed by the trial Court, but allowed in Title Appeal No. 17 of 1984 vide judgment dated December 20, 1984 of the 5th Additional District Judge, Munger, as contained in Annexure 8. The appellate court, while decreeing the suit, considered the oral and documentary evidence as also the legal position. The petitioners being Harijans, out of poverty, could not file any case except their representation. Respondent No. 6 in view of the decree in his suit was allowed to continue as Rakshak. A communication was also made to the respondents by way of legal notice as contained in Annexure 7 of their fate vis-a-vis respondent No. 6.

(3.) The petitioners filed this writ application on January 16, 1987. The following order was passed on March 12, 1987 by a Bench of this Court: