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1975 Supreme(Ker) 164
Judges : P.SUBRAMONIAN POTI,CHANDRASEKHARA MENON
NATARAJAN - Appellant
Versus
DIVISIONAL SUPDT.SOUTHERN RAILWAY - Respondent
Case No : O. P. No. 284 of 1973
Decided On : 08/12/1975
Advocates Appeared :
T. R. G. Warriar; K. Ramakumar; For Petitioner K. P. Pathrose; M. C. Cherian; For Respondents
The judgment established that R.3 of the Railway Services (Conduct) Rules, 1966, applied to the private conduct of a Government servant outside duty hours and emphasized the State's right to demand a certain standard of conduct from Government servants in their private lives.
Headnote:
Railway Services Conduct Rules - Misconduct of Railway Servant - R.3 of the Railway Services (Conduct) Rules, 1966
Fact of the Case:
The petitioner, an Assistant Station Master, was removed from service for contravening R.3 of the Railway Services (Conduct) Rules, 1966, based on charges of inducing loans and issuing cheques with insufficient funds in his capacity as Secretary-cum-Treasurer of the S. Rly. Employees Consumers Co-operative Stores, Coimbatore.
Finding of the Court:
The court found that the charges of misconduct were true, and the petitioner's defense that R.3 did not apply to his private conduct outside duty hours was not sustainable.
Issues: The main issue was whether R.3 of the Railway Services (Conduct) Rules, 1966, applied to the petitioner's private conduct outside duty hours and whether the punishment imposed was justified.
Ratio Decidendi: The court held that R.3 applied to the petitioner's private conduct as a Government servant and that the State had the right to demand a certain standard of conduct from Government servants in their private lives. The court also emphasized the need for safeguards against wanton abuse of power and the reasonableness of rules of conduct.
Final Decision: The Original Petition was dismissed, and the court found no basis to interfere with the punishment imposed on the petitioner.
1. The petitioner was an employee working in the Southern Railway-an Assistant Station Master. He was removed from service by Ext. P5 order on the ground that he contravened R.3 of the Railway Services (Conduct) Rules, 1966. An enquiry was conducted against him on the basis of three charges detailed below:
Charge No. 1.
That he while functioning as Assistant Station Master, Coimbatore Junction, S. Rly. committed misconduct and failed to maintain absolute integrity and devotion to duty and did acts which were unbecoming of a Railway Servant in as much as he, while acting as Secretary-cum-Treasurer of the S. Rly. Employees Consumers Co-operative Stores, Coimbatore, sometime before 29 - 6 -1968 induced a money lender Sri Saduram Daulatram of Coimbatore to lend him Rs. 350/- by falsely representing that the money was required for the said S. Rly. Employees Consumers Co-operative Stores, Coimbatore and gave as security a post-dated cheque bearing No. AO 60990 date 29 - 6 -1968 for Rs. 350/ - drawn on Coimbatore District Co-operative Central Bank, knowing fully that there was no necessity for the said Rly. Co-operative Stores to have this loan and knowing fully well that there was no sufficient funds in the said bank to honour this cheque. In lieu of this cheque which was not honoured, Sri. S. Natarajan gave to the said Sri Sadhuram Daulatram three cheques drawn on Canara Banking Corporation bearing No. 586639, 586673 and 586674 and out of these three only the first cheque viz , No. 586639 dated 31- 5 -1969 for Rs. 150/- was honoured. He bad issued the cheques No. 586673 and 586674 knowing fully well that there were not sufficient funds in the Bank to honour these two cheques. He has thereby contravened R.3 of the Rly. Services (Conduct) Rules, 1966.
Charge No. 2.
That he while functioning as Assistant Station Master, Coimbatore Junction, S. Rly. committed misconduct and failed to maintain absolute integrity and devotion to duty and did acts which were unbecoming of a Railway Servant in as much as he while acting as Secretary-cum-Treasurer of the S. Rly. Employees Consumers Co-operative Stores, Coimbatore, some time in the middle of 1969 induced Shri Ari Gowder, Railway Contractor, Coonoor to give him a loan of Rs. 3000/- by falsely representing that the money was required for the S. Rly. Employees Consumers Co-operative Stores, Coimbatore and which amount was arranged to be paid to him by the said Sri Ari Gowder through Sri K. M. Madha Gowder of Coonoor, with no intention of paying the amount. He also issued a cheque No. 292024 dated 21-7-1969 drawn on Canara Bank Ltd., Coimbatore for Rs. 100/- to the said Ari Gowder towards interest for the said loan of Rs. 3000/- knowing fully well that there were no sufficient funds in the bank to honour this cheque. He has thereby contravened R.3 of the Railway Services (Conduct) Rules, 1966.
Charge No. 3.
That he while functioning as Assistant Station Master, Coimbatore Junction, S. Rly. committed misconduct and failed to maintain absolute integrity and devotion to duty and did acts which were unbecoming of Railway Servant in as much as he while acting as Secretary-cum-Treasurer of the S Rly. Employees Consumers Co-operative Stores, Coimbatore, induced one Sri Doraiswami of Mettupalayam to give him Rs. 10,000/- some time in August, 1969, for starting a joint enterprise in dealing with scrap saying that he could use his influence to purchase scrap from Olavakkot. This amount of Rs. 10,000/-some time was obtained by the said Doraiswamy from his sister Rukkammal, who mortgaged her property with Sri. K. Chinnappan of Coimbatore. He also gave a cheque No. 292042 dated 20 -10 -1969 for Rs. 10,000/- drawn on Cannara Bank, Coimbatore to the said Shri K. Chinnappan as security for the said amount, signing the said cheque as Secretary-cum-Treasurer of the S. Rly. Employees Consumers Co-operative Stores, when he had no authorisation to issue such a cheque and when there was no necessity for such an
