- (1.) THIS appeal arises out of the All India Railway Strike which commenced on the 8th May, 1974. The respondents were removed from service without any enquiry held against them. The removal notice in the case of respondent No. 1 is dated the 21st May, 1974. The terms of this notice are as follows: - "sri N. K. Chanda Roy son of babu Monkumar Roy employed as sta. Clerk GSS Office Shalimar is hereby removed from service with effect from 21-5-1974 in accordance with the Rule 14 (ii) of the Rly. Servants D and A Rules. "
(2.) THE removal notice is signed by the appointing authority Removal Notices on the other respondents were also on the same terms. The removal notices contained the residential addresses of the respective respondents. It is well-known that under Article 311 (1) and (2) of the Constitution no person who is a member of a civil service of the Union or All India Service can be dismissed, removed or reduced in rank without holding an enquiry against him. But proviso (b) to sub-article (2) of Article 311 lays down that the enquiry may be dispensed with "where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry. " similar provisions have also been made in Rule 14 (ii) of the Railway servants (Discipline and Appeal)Rules, 1968.
(3.) THE only point for inquiry in this appeal is whether the authority empowered to dismiss had recorded its reasons in writing to show that it was not reasonably practicable to hold an inquiry. These reasons have been annexed to the Affidavit-in-opposition of gouri Sankar Ganguly, Traffic Superintendent of South Eastern Railway at shalimar affirmed on the 9th July, 1974. We set out below Annexure R to this Affidavit. It is as follows : - "shri Nirmal Kanti Chanda Roy (name) Station Clerk (designation)Shalimar (headquarters) has been absconding and has not reported to his place of work and continues to absent himself from work, without reasonable excuse, notwithstanding due notices issued to all staff to be present in the context of the emergency arising out of the illegal strike. He is also found to be indulging in activities affecting the work of the railways. Thus, in this case, there is no doubt that Shri Nirmal Kanti Chanda Roy is guilty of gross misconduct in that besides violating departmental rules, he is, without lawful authority or excuse, doing prejudicial acts and is contravening and abetting contravention of the rules and orders issued under the defense of India Act and the Rules framed under it. It is without doubt, in the facts and circumstances of the case that the abovementioned action of Shri Nirmal kanti Chanda Roy merits his removal from service. Shri Nirmal Kanti Chanda Roy is absconding and is not available and in the particular facts and circumstances of the case, I am satisfied that it is not reasonably practicable to hold the enquiry under D and A Rules for his removal and at the same time it is considered that the aforesaid person is not fit to remain in service. Therefore, I, the competent authority, do hereby order that Shri Nirmal kanti Chanda Roy shall be removed from service with immediate effect. The notice of removal be issued accordingly. Station : Shalimar. Dated 21st May, 1974. Sd/- G. S. Ganguly, traffic Supdt. , S. E. Railway, shalimar. ";