MADAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this application the petitioner Madan Singh prays for writ of certiorari or any other appropriate writ for quashing the order passed by the Divisional Mechanical Engineer, Northern Railway removing the petitioner from service.

(2.) THE petitioner was serving as a Carriage Oiler. On 12th February, 1958 he was charge sheeted for misconduct arising out of a complaint for insubordination and indiscipline lodged by his immediate superior Shri Radhe Shyam, the Train Examiner, Utterlai. THE allegation against him was that on receipt of an order for leave from the office of the Divisional Mechanical Engineer, Jodhpur, Shri Madan Singh approached Shri Radhe Shyam, the Train Examiner, Utterlai Siding to be allowed to go on leave on 7th January, 1958. THE Train Examiner pointed out that he could not be spared until the arrival of his relief. This enraged Shri Madan Singh who adopted a threatening attitude in order to force the Train Examiner to allow him leave; and inspite of the attempts of the Train Examiner to pacify him he went on rebuking the former in the presence of his staff. He was about to assault the Train Examiner but the staff on the spot intervened and took him away.

(3.) THE application of the petitioner for the reasons stated above is rejected with costs; hearing fee Rs. 50/ -. .