VIRENDRA PRASAD MISRA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ application the petitioner prays for quashing of Annexures 1 and 2. Annexure 1 is the memorandum dated 17th January, 1930/28th January, 1980, stating that respondent no. 3 has provisionally come to the conclusion that the petitioner was not a fit person to be retained in service and requiring him to show cause as to why the penalty of removal from service should not be imposed. Annexure 2 (which is annexed to the supplementary affidavit) is the order of removal of the petitioner from service and is dated 25th March, 1980. It may be stated that this order was passed after the filing of the writ application and has been challenged by filing a supplementary affidavit.

(2.) The relevant facts giving rise to this writ application may be briefly stated. According to the case of the respondents, the petitioner, while working as T. T. E. of 525 Up train on 16th November, 1979 at 4.45 p. m. failed to maintain absolute integrity and devotion to duty and indulged in acts which have been mentioned in the statement of allegations contained in Annexure 1 to the writ application. As already stated Annexure 1 is the notice directing the petitioner to show cause as to why the penalty of removal from service should not be imposed. In that annexure the statement of allegations against the petitioner was also annexed. The said memorandum stated that the proposed punishment of removal from service was being taken in exercise of powers conferred by Rule 14(ii) of the Railway Servants (Discipline and Appeals) Rules, 1968. The petitioner showed cause but his show cause was not accepted and the order of removal from service was passed on 25th March, 1980, by respondent no. 3.

(3.) It is not in dispute that regular enquiry as envisaged in the Railway Servants (Discipline and Appeals) Rules (hereinafter referred to as 'the Rules') was not held as the contemplated action was being taken under Rule 14(ii) of the Rules. Rule 14(ii) is as follows : -