- (1.) The instant Special Appeal has been filed under Sec. 18 of the Rajasthan High Court Ordinance against the order dated 28.1.1983 passed by the learned Single Judge of this Court.
(2.) Brief facts necessary to be noticed for final decision of appeal on merits are that the appellant was appointed by the Divisional Personnel Officer, Lucknow Division on 20.9.1957 as Sanitary Inspector in the Northern Railway. The post of Sanitary Inspector is of Class III. While the appellant was serving at Sirsa in Bikaner Division, he was served upon a charge-sheet by the Divisional Engineer-ll, Bikaner informing him to the effect that he proposed to hold an enquiry against him under Rules 1708 to 1715 of the Railway Servants (Discipline & Appeal) Rules, 1968 (hereinafter referred to as the Rules of 1968). This memo was accompanied by statement of charges and statement of allegations vide Anx. 3 and 4 to the writ petition. The statement of allegations on the basis of which charges were framed against the appellant are reproduced below : - "1. Shri Sukhnandan Swaroop was posted as Sanitary Inspector, Northern Railway Station Rosa during 1962 to 1964 During this period he indulged in corrupt practices and he pressed Shri Sohan Lal s/o Shiv Dayal Substitute Safaiwala working under him to give him bribe or he would be removed from service. Shri Sohan Lal arranged to get Shri Sukhnandan Swaroop arrested red-handed and on 17.6.64 at about noon at the office-cum residence of Shri Sukhnandan Swaroop at Railway Colony Rosa when Shri Sukhanandan Swaroop demanded and accepted Rs. 40/- as the instalment of the said bribe amount, he was caught hold red-handed by the raiding party. 2. It was found that said Shri Sukhnandan Swaroop had been habitually corrupt during the aforesaid period as he settled bribe from various casual labourers including S/Shri Mithoo s/o Ram Charan, Shanker s/o Maikoo, Baboo Lal s/o Puttoo, Pancham s/o Sumer, Chhotey s/o Teja, Abdul Salam S/o Khuda Bux Bhishty and Cheda s/o Dewan who had been working under him for continuing their service while working as casual labourers. He also settled bribe money and accepted the same at the time when they were appointed as substitute safaiwala by him.
(3.) He also advanced loan money to the various safaiwalas and casual labourers working under him regularly during the aforesaid period and he received interest from them which was a source of income to him. Thus, Shri Sukhnandan Swaroop failed to maintain absolute integrity and devotion to duty and contravened Rules No.3 of the Railway Service (Conduct) Rules, 1956". 3. It would be pertinent to reproduce the charges framed against the appellant on the basis of the aforesaid statement of allegations, which is on record as Annx.4: - "That Shri Sukhnandan Swaroop while working as Sanitary Inspector, Rosa during the years 1962 to 1964 committed gross misconduct and failed to maintain absolute integrity and devolution to duty inasmuch as he (i) settled a bribe from Shri Sohan Lal s/o Shiv Dayal at the time of his appointment as Substitute Safaiwala and on 17.6.64 demanded and accepted Rs. 40/- as the instalment of the said bribe amount at his office-cum-residence in Railway Colony, Rosa. (ii) That Shri Sukhanandan Swaroop was habitually corrupt during the said period inasmuch as, he settled and accepted bribe from various casual labourers including S/Shri Mithoo s/o Ram Charan, Shankar s/o Maikoo, Babu Lal s/o Puttoo, Pancham s/o Sumer, Chhotey s/o Teja, Abdul Salam s/o Khuda Bux Bhisty and Cheda s/o Diwan working under him for continuance of their service while working as casual labourers and also settled bribe and accepted the same from the said casual labourers at the time of their appointment as substitute Safaiwalas. (iii) Being a public servant Shri Sukhnandan Swaroop also advanced loan money to the various Safiwalas working under him and received interest money on the same and has thereby contravened Rule 3 of the Railway Service (Conduct) Rules, 1956.";