HARI SHANKAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was first appointed as a clerk on a temporary basis in the office of the Divisional Superintendent, Western Railway, Ajmer, on June 11, 1956. In 1957, he was declared surplus and was absorbed by transfer in the office of the Deputy Chief Accounts Officer. THEreafter, by the order of the Deputy Chief Accounts Officer, Western Railway, Ajmer dated December 29, 1961, the petitioner was provisionally confirmed with effect from January 20,1958. Subsequently, vide order dated December 6, 1969, the Deputy Chief Accounts Officer (T. A.), Ajmer, informed the Divisional Personnel Officer, Ajmer, that the provisional date of confirmation of the petitioner i. e. January 20,1958 has been treated as the final date of his confirmation as clerk grade II (Rs. 110-180 ).

(2.) IT appears that vide order dated April 18, 1968, the Divisional Mechanical Engineer (Diesel), Abu Road (hereinafter referred to as 'the DME'), placed the petitioner under suspension. At that time, the petitioner was working as a clerk in the diesel shed of the Western Railway at Abu Road. On May 3, 1968, the DME served a chargesheet upon the petitioner, along with a statement of allegations. An enquiry was conducted by the Assistant Electrical Engineer (Diesel ). Abu Road, in respect of the charges levelled against the petitioner and the aforesaid Enquiry Officer submitted his report on June 11, 1969. The DME thereafter served a notice upon the petitioner on June 17, 1969 calling upon him to show cause why he should not be removed from service. On July 11, 1969, the DME passed an order of removal of the petitioner from service. The petitioner, thereupon, preferred an appeal to the Divisional Superintendent, Western Rly. , Ajmer, who rejected the appeal by his order dated 15 11-1969. The petitioner has challenged the aforesaid disciplinary proceedings taken against him and the order of his removal from service and the order passed in appeal by the Divisional Superintendent, Ajmer.

(3.) IN view of the aforesaid discussion, the writ petition is allowed in part and the show-cause notice issued by the Divisional Mechanical Engineer (Diesel), W. Rly. , Ajmer, dated June 17, 1969 and all proceedings subsequent thereto, including the order of removal of the petitioner from service dated July 11, 1969 as also the order passed by the Divisional Superintendent, W. Rly. , Ajmer, dated November 15, 1969, are quashed. It will be open to the appropriate authorities to take proceedings against the petitioner in furtherance of the enquiry report dated June 11,1969, if they consider it proper to do so. IN the circumstances of the case, I leave the parties to bear their own costs. .