HARI NARAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner by this writ petition seeks to quash the enquiry proceedings Exhibit 29, Enquiry officer's report Exhibit -28, show cause notice, Exhibit 27, order of removal dated January 9, 1975 (Ex. 31) and the order passed in appeal dated March 19, 1975 (Ex. 33).

(2.) THE brief facts leading to this writ petition may be stated as under: The petitioner was a Khalasi, posted at shop No. 23, A, Northern Railway Workshop, Jodhpur He was served with a memorandum dated January 25, 1974 along with charge -sheet, statement of allegations, list of documents and the list of witnesses. The petitioner filed a reply to the charge -sheet. By the order dated March 9,1974, Shri R.K. Kapoor, shop Superintendent, Wagon Construction, Northern Railway Workshop, Jodhpur, was appointed as Enquiry Officer. The petitioner objected to the appointment of Shri Kapoor but his objection was turned down both by the Assistant Personnel Officer (W), and thereafter by the Dy. Chief Mechanical Engineer (W), Northern Railway Jodhpur. It appears that the petitioner did not participate in the enquiry and ultimately the enquiry was conducted in his absence. The Enquiry Officer on completion of the enquiry found both the charges proved against the petitioner. It was found by him that on December 21, 1973, the petitioner threatened the official S.R. Samajpati, Senior Chargeman to due consequences when Shri Samajpati refused to mark him present. It was also found proved that on December 22, 1973, the petitioner slapped Shri Samajpati near D.S. Office Jodhpur while he was going to his house for taking lunch.

(3.) THE petitioner in the present writ petition has challenged the enquiry proceedings, the report of the Enquiry Officer, the show cause notice and the order of removal and the order of the Appellate Authority on various grounds to which I shall advert while dealing with the contentions of the petitioner.