Kunwar Bahadur Asthana, C.J. and Gopi Nath, J. - (1.) THESE five special appeals are directed against orders of a learned Single Judge allowing five writ petitions. They raise common questions of law and fact and can be disposed of by a common judgment. The appeals are concerned with the true scope and construction of Rule 14(ii) of the Railway Servants (Discipline and Appeal) Rules 1968. Rule 14 is as under: 14. Special procedure in certain cases notwithstanding anything contained in Rule 9 to 13. (i) Where any penalty is imposed on a railway servant on the ground of conduct which has led to his conviction on a criminal charge; or (ii) Where the disciplinary authority is satisfied, for reasons to be recorded by it in writing, that it is not reasonably practicable to hold an enquiry in the manner provided in these rules; or (iii) Where the President is satisfied that in the interest of the security of the State it is not expedient to hold an enquiry in the manner provided in these rules, The disciplinary authority may consider the circumstances of the case and make such orders thereon as it deems fit provided that the Commission shall be consulted, where such consultation is necessary before any orders are made in any case under this rule.
(2.) THE petitioners of the writ petitions are the respondents in the appeals. All of them except Rajendra Prasad Srivastava, respondent in Special Appeal No. 273 of 1976 were employed in various capacities in the Diesel Locomotive Works Varanasi (hereinafter referred to as D.L.W.) a public undertaking administered by the Railway Board. Rajendra Prasad was a clerk in the North Eastern Railway at Gorakhpur. They were alleged to have taken active part in the Railway Strike in May, 1974. The Disciplinary Authority by the orders impugned in the writ petitions removed them from service without serving any show cause notice or framing any charges or holding any enquiry. The impugned orders said that since it was not reasonably practicable to hold an enquiry as provided in the Railway Servants (Discipline and Appeal) Rules 1968 the Disciplinary authority in exercise of powers conferred under Rule 14(ii) of the Railway Servants (Discipline and Appeal) Rules 1968 removed the employees concerned with immediate effect.
(3.) THE orders were challenged as invalid on the ground of their being passed in violation of the principles of natural, justice, in that the incumbents were not given any opportunity to explain their conduct or to address the authority on the severity of punishment. The Union of India sought to support the orders on the strength of the provisions of Rule 14 which disposed with the holding of enquiry in certain disciplinary proceedings. Learned Single Judge quashed the orders on the ground that they were violative of the principles of natural justice and Rule 14 did not exclude the application of those principles as regards infliction of punishment.;