2001 Supreme(Raj) 1961
RAJASTHAN HIGH COURT
M.R.Calla, Harbans Lal, JJ.
Mool Chand Yadav - Appellant
Versus
Union Of India (Uoi) - Respondent
D.B. Civil Writ Petition No. 4715 of 2000.
Decided On : 15-12-2001
Advocates:
For the Petitioner:Somita Jain, Advocate.
For the Respondent:S.S. Vyas, Advocate.
Headnote:
Constitution of India, 1950, Article 226 -The petition was against the removal of petitioner from service as the petitioner were charged for issuing printed card tickets in case of physically handicapped candidates instead of issuing tickets in the concessional forms- It was clear from the facts of the case that the it was more like of mistake than mischief- So the removal was not justified which was the order of Disciplinary authority - Removable order were set aside and what Appellant authority did, it reduced the penalty by postponing the future increments was upheld.
JUDGMENT
1. - The petitioner herein was working as a Head Booking Clerk at Ajmer in the year 1985. He was subjected to a Disciplinary Enquiry under Rule 18 of the Railway Servants (Discipline and Appeal) Rules, 1968 (hereinafter referred to as the Rules of 1968) on the charges for issue of Printed Card Tickets instead of showing the tickets in the concessional forms o 4 physically handicapped persons and their companions. The Enquiry Officer found the charges to be proved and, on that basis, the Disciplinary Authority passed an order dated 1.12.1988 imposing penalty of removal from service against him. Against this order dated 1.2.1988, he preferred an appeal. The Appellate Authority passed order dated 26.5.1989 imposing the penalty of reducing him to the start of next lower grade for a period of 5 years with future effect i.e. postponing the future increments and affecting his seniority and the intervening period was treated as "not spent on duty". The Chief Commercial Superintendent issued a notice sou-motu to the petitioner under Rule 25 of the Rules of 1968 calling upon him to show cause as to why the penalty of removal from service should not be imposed against him for the reasons, which were enclosed with this very notice in Annexure-A. The petitioner herein filed a reply to the aforesaid notice and thereafter, the Chief Commercial Superintendent i.e. the Revisional Authority exercising powers under the Discipline and Appeal Rules imposed penalty of removal from service as had been imposed by the Disciplinary Authority by his order dated 15.2.1990. Against this order dated 15.2.1990 the petitioner preferred original Application No. 125/90 before Central Administrative Tribunal, Jodhpur Bench, Jodhpur. The Central Administrative Tribunal by its order dated 5.1.1994 decided the original application in the following terms and the operative part thereof (10) is reproduced hereunder:
"10. We, therefore, hold that Annex. A/1 is not a speaking order and is liable to be quashed on that ground. Accordingly, we quash the order of the Chief Commercial Superintendent (Annex. A/10) enhancing the punishment on the applicant from reduction, to lower grade for five years to that of removal. The punishment imposed by the appellate authority i.e. the Additional Divisional Railway Manager of reduction vide Annex. A/6 is considered a valid order and would be operative after quashing of Annex. A/10. The respondents are however at liberty to consider the representation of the applicant placed at Annex. A/9 and pass a speaking order after taking into account all the points raised therein."
2. As the liberty was granted by the Central Administrative Tribunal for consideration of representation, the Chief Commercial Manager decided the petitioner's representation referred to as Annex. A/9 in the operative part of the Central Administrative Tribunal's order as above. By its order dated 29.6.1994 dealing with the grounds as were raised by the petitioner, the Chief Commercial Manager decided that the penalty of removal from service with immediate effect be imposed against the petitioner. In view of the order passed by the Central Administrative Tribunal on 5.1.1994, it has been stated before us that the petitioner was taken back in service and after the order dated 29.6.1994 passed by the Chief Commercial Manager, he was again removed from service. The petitioner then approached the General Manager, against this order dated 29.6.1994 passed by the Chief Commercial Manager but General Manager also rejected the representation and, thereafter, the petitioner approached the Central Administrative Tribunal, Jodhpur Bench, Jodhpur through Original Application No. 336/96. This O.A. No. 336/96, in the second round of litigation, was decided by the Central Administrative Tribunal by its order dated 5.10.2000 and the application was dismissed.
3. Aggrieved from the order dated 5.10.2000. the present petitioner has preferred this writ petition before this Court
Click Here to Read the rest of this document