R.L. Gulati, J. - (1.) THE Petitioner is a Railway employee. On 23rd February, 1962, he was confirmed on the post of Ticket Examiner and since then has been working in that capacity at various places. On March 24, 1968, he was put on duty as the Conductor/Travelling Ticket Examiner of two tiers Compartment of 40 Down Janta Express, starting from Railway Station Delhi. It is alleged by the Petitioner that while on duty, the fourth Respondent Sri O.P. Sharma asked him to take two passengers without ticket to Kanpur in the Luggage cabin in the two tiers compartment. On his refusal Sri Sharma felt hurt and injured and became very much annoyed with him and threatened him with serious consequences. Sri Sharma is alleged to have used abusive language and obstructed the Petitioner in the discharge of his duty. Thereupon the Petitioner issued a memo Under Section 121 of the Indian Railways Act against Sri Sharma and handed over the same to the Station Superintendent, Delhi junction. Petitioner goes on to allege that at the instance of Sri Sharma he was medically examined at Tundla Station but was not found to drunk. When he reached Kanpur station, the third Respondent the Superintendent Kanpur Area, Kanpur called him to his office and put him under suspension. A charge sheet was issued to him on 12th April, 1968 containing the following two charges: 1. That Sri C.L. Jha TTE/Kanpur while functioning as TTE 2 Tier Coach No. 4703 of (sic) Dn. Ex. on 24 -3 -68 was in civil to some passengers in the coach and behaved rudely with Sri O.P. Sharma, SAO (TA) Delhi Kishanganj (now DAO/Delhi) and used abusive language towards him.
(2.) THAT the said Sri C.L. Jha crossed all limits of official decorum and discipline by maliciously issuing Memo No. 276164 dt. 24 -3 -68 against Sri O.P. Sharma, SAO (TA/Delhi Kishanganj) (now DAO/DLI) Under Section 121 of Indian Railways Act and thus he contravened Rule No. 3 of the Railway Service (Conduct) Rules, 1966. 2. In due course an enquiry was held and he was found guilty by the Enquiry Officer. The third Respondent thereupon issued a notice to the Petitioner requiring him to show cause as to why he should not be reduced in rank for a period of two years. The Petitioner submitted his reply but the same was not accepted and on March 5, 1970 the impugned order was passed whereby the Petitioner was reduced in rank. The Petitioner then filed an appeal, which was rejected by the Chief Commercial Superintendent. The Petitioner has now approached this Court Under Article 226 of the Constitution. In reply to the writ petition two counter -affidavits have been filed, one by the fourth Respondent, Sri O.P. Sharma and the other by the third Respondent Sri B.C. Srivastava. According to the counter -affidavit of Sri O.P. Sharma what happened on 24th March, 1968 was altogether different from the version given by the Petitioner. It has been stated that Sri Sharma had gone to Delhi Railway Station on official work and happened to be on plat -form No. 13 where the Janta Express was standing. He noticed that the Petitioner was behaving rudely towards some passengers and Sri Sharma in his capacity as a senior Railway Officer advised the Petitioner not to behave in that fashion towards the public. Thereupon the Petitioner lost his temper and abused and insulted him. He wanted to contact some other railway official but the Petitioner followed him on the railway platform and continued to abuse him and then finally issued a memo Under Section 121 of the Indian Railways Act. Shri Sharma has stoutly denied the story put forward by the Petitioner that he had asked the Petitioner to carry two passengers without ticket to Kanpur.
(3.) THE Petitioner has challenged the impugned order passed by the 3rd Respondent as well as by the second Respondent, the Chief Commercial Superintendent, Northern Railways, on various grounds. He has also challenged the enquiry held against him as being contrary to the rules aid against the principles of natural justice. However, it is not necessary to enter into any of these questions as this petition, to my mind, can be disposed of on a very short ground.;