- (1.) This appeal arises out of the recent Railway strike. The Petitioners-Respondents were removed from their services in the Eastern Railway. The strike began on May 8, 1974. In this judgment we shall specifically deal with the case of Salil Kumar Bose, the Petitioner-Respondent No. 1. The facts relating to Ajit Kumar Lahiri, the Petitioner-Respondent No. 2, are practically the same and our decision on Salil Kumar Bose would cover the case of Ajit Kumar Lahiri as well. Both of them were employees of the Eastern Railway and were removed from service by the appropriate authority's order passed on May 23, 1974.
(2.) Most of the legal contentions rafted on behalf of the Petitioners-Respondents in the connected rule have been dealt with and disposed of by our judgment in Chief Mechanical Engineer,1975 1 CalLJ 537. In the instant appeal, a new point had been raised which was neither raised nor considered in the Chief Mechanical Engineer's case.
(3.) In all these matters the Disciplinary Authority dispensed with the inquiry provided in Pt. III of the Railway Servants (Discipline and Appeal) Rules, 1968, for imposition of major penalties. He has recorded the reasons for dispensing with the inquiry. He had before him the reports of the local superior officers. He considered these reports and was satisfied that in the circumstances mentioned in the reports it was not reasonably practicable to hold the statutory enquiry. He passed orders of removal which were challenged before the trial Court under Article 226 of the Constitution. Amiya Kumar Mookerji J., the learned trial Judge, by his judgment delivered on September 2, 1974, has struck down the orders of removal. The present appeal is against this judgment.;