DINESH PRASAD SAH Vs. DIVISIONAL SUPRINTENDENT

JUDGEMENT

(1.) These two writ applications are filed for quashing the order of removal of the respective petitioners from service dated 18th May, 1974, passed by the Divisional Superintendent, Eastern Railway, Dinapur, respondent No. 1. The said order is contained in Annexure '6' in C.W.J.C. 1393 of 1974 whereas the order relating to the petitioner of C.W.J.C. 1394 of 1974 is made Annexure '5' to that writ application. As the facts and the points raised are common, they have been heard together and this judgment will govern both the cases. I may briefly state the relevant facts necessary to appreciate the commen Points raised in the two writ applications. The petitioners of each of the two writ applications were appointed as labourers under the railway department. They were ultimately transferred in November, 1972 to Kiul station where they were serving under the In-charge Train Examiner, respondent No. 4. It is stated in the petition that for the improper behaviour of respondent No. 4 a complaint was filed by the Carriage and Wagon Staff of which the petitioners were also employees, to the Divisional Mechanical Engineer, a copy of the said Complaint is made Annexure '1' to the respective writ applications. It is stated that this action of filing a complaint enraged respondent No. 4 who in collusion with the Assistant Mechanical Engineer, Carriage and Wagon (respondent No. 2) falsely implicated the petitioners in a criminal case and first information report was lodged against them and others on 25.4.1974, by respondent No. 2 which was registered as Kiul G.R.P. Case No. 6(4)74. A copy of the said first information report is made Annexure '2' to each of the writ applications. It is further stated by the petitioners that on 26.4.1974, respondent No. 4 gave slips to the petitioners sparing them to report to the officer incharge of Kiul G.R.P. Accordingly the petitioners and others went to the officer incharge, waited there till 4 p.m. but the officer incharge did not record their statements and directed them to come on the next day. It is stated that on the next day also they went to the said officer incharge but nothing was done and ultimately Respondent No. 4 directed then to go to court at Lakhisarai as requisition had already been sent to court. The petitioners stated that they accordingly went to the court, surrendered and took bail on 3.5.1974. It has been further stated by the petitioners that is the mean time a letter of suspension dated 29th April, 1974 was issued by the office of the Divisional Superintendent, Dinapur, by order of respondent No. 1 suspending the petitioners with effect from 26.4.1974 (Annexure 4 to each of the writ applications).

(2.) The said suspension order was followed by charge sheet against the petitioner of C.W.J.C. 1393 of 1974, which is dated 1.5.1974 and a copy of which is made Annexure '5' to the said writ application. It has been stated by this petitioner that the suspension order (Annexure '4') and the charge-sheet (Annexure '5') were sent purposely to the home address of this petitioner though he was at the head quarter at Kiul as per direction of the authority concerned.

(3.) The petitioners of both writ applications thereafter removed from service by order dated 18.5.1974 contained in Annexures '6 and 5' respectively of the aforesaid two writ applications which were pasted in the Notice Board at Kiul Junction railway station T.X.R. Office.