RAJASTHAN HIGH COURT
J.R.Chopra, R.P.Saxena, JJ.
Om Parkash & Ors. - Appellants
Versus
Union of India and others - Respondents
D.B. Civil Writ Petition No. 5155 of 1990.
Decided On : 10-04-1995
The Rajasthan High Court held that the Railway Protection Force Act, 1957 and the Railway Protection Force Rules, 1987 are not violative of Articles 14, 16, 21, and 311 of the Constitution of India. The Court held that the provisions of Rules 153 and 154.1 of the Rules are not ultra vires of the Constitution and are not against the principles of natural justice. The Court further held that even if there is some repugnancy to the aforesaid principles, it stands covered by Article 33 of the Constitution.
Fact of the Case:
The petitioners, members of the Railway Protection Force, challenged the validity of the Railway Protection Force Act, 1957 and the Railway Protection Force Rules, 1987 on the ground that they violated their fundamental rights under Articles 14, 16, 21, and 311 of the Constitution. They argued that the provisions of Rules 153 and 154.1 of the Rules were violative of the principles of natural justice and that they were denied a reasonable opportunity to defend themselves in disciplinary proceedings.
Finding of the Court:
The Court held that the Railway Protection Force Act, 1957 and the Railway Protection Force Rules, 1987 are not violative of Articles 14, 16, 21, and 311 of the Constitution. The Court held that the provisions of Rules 153 and 154.1 of the Rules are not ultra vires of the Constitution and are not against the principles of natural justice. The Court further held that even if there is some repugnancy to the aforesaid principles, it stands covered by Article 33 of the Constitution.
Issues: 1. Whether the Railway Protection Force Act, 1957 and the Railway Protection Force Rules, 1987 are violative of Articles 14, 16, 21, and 311 of the Constitution? 2. Whether the provisions of Rules 153 and 154.1 of the Rules are ultra vires of the Constitution and against the principles of natural justice?
Ratio Decidendi: 1. The Court held that the Railway Protection Force Act, 1957 and the Railway Protection Force Rules, 1987 are not violative of Articles 14, 16, 21, and 311 of the Constitution because: a. The members of the Railway Protection Force are members of the Armed Forces of the Union and, therefore, their fundamental rights can be restricted or abrogated by the Parliament or its nominee, the Central Government, in exercise of the powers conferred under Article 33 of the Constitution. b. The restrictions imposed on the members of the Railway Protection Force by Rules 153 and 154.1 are reasonable restrictions. 2. The Court held that the provisions of Rules 153 and 154.1 of the Rules are not ultra vires of the Constitution and are not against the principles of natural justice because: a. The provisions of Rule 153 of the Rules provide for a fair and reasonable procedure for conducting disciplinary enquiries against members of the Railway Protection Force. b. The provisions of Rule 154.1 of the Rules do not violate the principles of natural justice as the delinquent is provided with a copy of the enquiry report and the punishment order and has a right of appeal against the punishment order.
Final Decision: The Court dismissed the writ petitions filed by the petitioners.
J.K. Aggarwal v. Haryana Seeds Development Corporation Ltd. (1992(1) SCT 78(SC) = AIR 1991 SC 1221)
G.S. Sodhi v. Union of India (AIR 1991 SC 1617)
Maneka Gandhi v. Union of India AIR 1978 SC 597
R. Viswan v. Union of India (AIR 1983 SC 658)
Chintamanrao v. State of M.P. (AIR 1951 SC 118)
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