T.S. RAMCHANDRA RAO Vs. GOVERNMENT OF INDIA THROUGH THE MINISTER FOR RAILWAYS

JUDGEMENT

(1.) THIS is an application for a writ of certiorari paying that the order of the Dy. Chief Traffic Manager reducing the Petitioner from the position of a Commercial Inspector to the rank of an Assistant Station Master be quashed on the ground that the said order was illegal and beyond the powers vested in the Dy. Chief Traffic Manager. The Petitioner further prayed for an order that the Petitioner be reinstated in his original position of Commercial Inspector. We heard the arguments of the learned advocates, for the Petitioner and the Government advocate.

(2.) THE Petitioner was holding the office of Commercial Inspector in the Nizam's State Railway. The Petitioner being aggrieved by the orders of the Railway Authorities in respect of his promotion etc., submitted an appeal to the Railway Board setting forth his complaints against the officers in the Railway. He alleged in his representation to the Railway, Board that the was denied promotion during: 1915 -1949 and further that a promotion to the post of Traffic Manager in the same year was denied to him, that an increment due to him in 1947 was not granted. These grievances were set forth in the form of a memorandum and the Petitioner requested that the same be forwarded to the Railway Board through the proper channel. The said memorandum, the Petitioner contended, was not forwarded, but instead a charge was framed against him for serious misconduct, for using disrespectful and objectionable language and making serious allegations against his superior officers. In the charge, however, the attention of the Petitioner was; drawn to the portions of the memorandum wherein the said disrespectful and objectionable language was said to have been used. The Petitioner was directed to show cause in writing why he should not be removed from service or punished with any of the lesser penalties specified in R. 1702 of the Railway Establishment Code. He was also called upon to submit his defence within a period of seven days After the charge sheet was given, the Petitioner submitted a reply to the charges leveled against him which is dated 6 -12 -1951.

(3.) IT may also be observed that in determining as to whether a particular order should be regarded as quasi -judicial or not, it would have to be considered as to whether following ingredients are present in it: