- (1.)THIS is a petition under Article 226 of the Constitution by one Ram Swaroop against an order of removal from service passed against him by the General Manager, Western Railway. The petition has been contested on behalf of the railway administration.
(2.)RAM Swaroop was a machine man in the Railway Loco Workshop of Ajmer in the authorized scale of pay Rs. 110--180 on 23 March 1961 when he was admittedly caught taking away with him thirty circular copper discus belonging to the railway from the workshop. A chargesheet was given to him on 30 March 1961 by the Works Manager (Loco The Assistant Works Manager was appointed inquiry officer by the Chief Mechanical Engineer on 30 June 1961. The inquiry was actually conducted after 1 August 1961. The show-cause notice was issued to him by the General Manager. After considering the explanation of the petitioner he imposed the penalty of removal from service on him.
(3.)THE first contention on behalf of the petitioner is that the Works Manager (Loco) was not competent to issue a chargesheet to the petitioner on 30 March 1961 under the then Discipline and Appeal Rules. Under Rule 1707 (a) of the rules then in force it is not stated as to who was competent to give a chargesheet. But under subsidiary Rule III on which reliance was placed on behalf of the petitioner it is stated that a chargesheet for dismissal should be issued only by the officer empowered, to award this penalty, but another officer may sign the chargesheet "for" him. This subsidiary rule would not apply to the present case as It was a case of removal. This subsidiary rule was however amended by correction Blip No. 82 dated 29 July 1957 as follows: A chargesheet for dismissal /removal/ reduction should be issued only by the officer empowered to award this penalty, but another officer may sign the charge-sheet for him. Note.--To avoid delays, chargesheets proposing the penalty of dismissal/removal/reduction may be issued by officers under their own designations by adding the words 'by competent authority' at the end of Para. 2 of the chargesheet form given at p. 53. Paragraph 2 of the chargesheet form given at p. 53 runs as follows: You are directed to show cause in writing why you should not be dismissed/ removed from service or punished with any of the lesser penalties specified in Rule 1702 of the State Railway Establishment Code, Vol. I.
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