A.P. Bhattacharya, J. - (1.) Applicants, Shri Shyamalendu Bikash Kanjilal and D.C. Bhattacharjee filed a writ application in the Hon'ble High Court at Calcutta which by operation of Sec. 29 of the Administrative Tribunals Act, 1985 stood transferred to this Tribunal for disposal.
(2.) Applicant, No.1, Shri Shyamalendu Bikash Kanjilal, was appointed as a Junior Trains Clerk under the N. F. Railway on 21 -1 -1962 and in 1977 he was promoted to the post of Senior Trains Clerk. At that time he was attached to Siliguri Junction within the N. F. Railway. Applicant No. 2, Shri D.C. Bhattacharjee, was appointed as a Porter on 22 -2 -1956 and since then had been working as such being posted at Siliguri Junction. Some Central Trade Unions gave a call for a Bandh on 19 -1 -1982 which was responded by the local committee at Siliguri. The applicants state that on that date they duly joined their duties at Siliguri Junction, but could not perform their work due to the closure of the establishment by the concerned authorities. Although they had not participated in the Bandh, actions were taken by the Divisional Railway Manager, Katihar under Rule 14(ii) of. the Railway Servants (Discipline & Appeal) Rules, 1968. By an order passed, by the said authority on 22 -1 -1982 the applicants were removed from railway service from the following day. The applicants challenge that order of removal as illegal and violative of the principles of natural justice. According to them, without holding any enquiry they could not be removed from their services in that way. In filing the application the applicants have prayed for setting aside the orders of removal from service as shown in annexure -A to the application.
(3.) The application has been contested by the respondents. In their reply the respondents have stated that in the attendance register of 19 -1 -1982 both the applicants were marked present. But subsequently they withdrew themselves from their duties and took leading part in organising rallies of railwaymen so that there might be an illegal stoppage of work on that day. As a result the railway working at and near Siliguri Junction Station came to a stand still position, in consequence of which the supply of essential commodities to the community was paralysed. The respondents further state that after receipt of reports from the responsible officers of the railway and on being satisfied, the Divisional Railway Manager, Katihar was of opinion that it was not reasonably practicable to hold an enquiry against the applicants as contemplated in the Railway Servants (Discipline & Appeal) Rules, 1968. So, he passed orders of removal from service against both the applicants under Rule 14(ii) of the said Rules.;