Decided on November 29,1965

Senior Personnel Officer Respondents


- (1.)THIS and the connected petitions have been filed by employees of the North Eastern Railway who are aggrieved by the action of the first respondent, the Senior Personnel Officer (Gazette), North Eastern Railway, Gorakhpur, suspending them and by the commencement of disciplinary proceedings against them.
(2.)DR . Ram Subhag Singh, Minister of State for Railways in the Government of India, decided to visit Gorakhpur on December 5 and 6, 1964. According to the programme drawn up by the Railway Authorities, among other engagements, he was to meet the heads of the departments of the Railway on the first of these two dates at 5.30 in the afternoon and the North Eastern Railway Mazdoor Union and the North Eastern Railway Employees Union on the next day at 11 Oclock in the forenoon. The North Eastern Railway Mazdoor Union, however, pressed for permission to meet him on the afternoon of December 5, 1964, but this was refused. However, when the Minister was attending the meeting with the heads of the various departments in the office of the General Manager on the afternoon of that day, it is said that a large number of railway employees collected outside the office. It seems that the Minister was prevailed upon to address the gathering and thereupon, it is alleged objectionable slogans were shouted by the crowd that had assembled inside the compound of the Officer.
On December 7, 1964 the first respondent passed an order suspending the petitioner, Uma Shanker Singh, who is a Senior Clerk employed in the North Eastern Railway. He was also served with a memorandum informing him that it was proposed to hold an enquiry against him. The charge, and the allegations regarding the charge, were enclosed. The charge recited that the petitioner had "participated in and or held an unruly demonstration and also indulged in raising derogatory and abusive slogans before and against the Hon, Minister of State for Railway on 5-12-1964 at about 17/45 hours inside the Railway premises in contravention of the Gazette Notification issued in the N. E. Railway Fortnightly Gazette, dated 1st August 1956. This was a breach of Service Conduct Rule No. 19(1)". Similar action was taken in respect of the other petitioners.

(3.)A number of contentions have been raised on behalf of the petitioners. I shall first consider those which are common to this and the connected petitions.

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