SHYAMNARAIN SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a writ application under Article 226 of the Constitution of India by one shyamnarain Sharma challenging the validity of the order of his dismissal from service dated the 27th April, 1962.

(2.) IT is common ground between the parties that the petitioner was Ticket collector in Western Railway and was posted at Jaipur in 1961. The Divisional commercial Superintendent, Western Railway, Jaipur, gave him a charge-sheet dated 31st August, 1961 together with a statement of allegations. It was alleged against him that he had illegal relations with one Smt. Savitri Devi and that he abducted her from Ajmer on 24th March, 1961. It was next alleged that he left the head-quarters on 16th and 24th March, 1961 and also absented himself on 25th march, 1961 without prior permission of the competent authority. The third allegation was that he travelled without ticket on 16th, 24th and 25th March, 1961 by trains which were mentioned in Ex. 1. The Divisional Commercial inspector, jaipur, was appointed Inquiry Officer and he submitted his report on 12th March, 1962. It was reported by him that the first two charges were proved. On receipt of this report, the Divisional Commercial Superintendent, Jaipur, served the petitioner with a notice Ex. 3 to show cause why he should not be dismissed from service. The same authority passed an order of the petitioner's dismissal on 27th April, 1962. Aggrieved by that order, the petitioner filed an appeal before the Divisional superintendent (e), Western Railway Jaipur, but that was also dismissed in august, 1962.

(3.) IT is contended by the petitioner that the find-ings of the Inquiry Officer were based on no evidence and that his dismissal was wholly illegal and in violation of article 311 of the Constitution of India.