S L BHARDWAJ Vs. CHIEF MEDICAL OFFICER EASTERN RAILWAY

JUDGEMENT

(1.) In this case me pensioner Shri S.L. Bhardwaj has moved the High Court for the issue of a writ in the nature of certiorari to call up and quash an order of the Chief Medical Officer, Eastern Railway, Calcutta, dated the 27th of February 1953 removing the petitioner from Railway, service.

(2.) The case of the petitioner is that he was serving as a dispenser in the Eastern Railway at Nawadah in the district of Gaya. On 30-10-1951 proceedings were started against the petitioner by the Chief Medical Officer under Rule 2, Railway Services (Safeguarding of National Security) Rules. The petitioner sent a representation in due course. On 28-12-1951 the petitioner appeared before the Committee of Advisers at Calcutta. After a long interval of time the petitioner received the order of the Chief Medical Officer Eastern Railway, Calcutta, dated 27-2-1953 removing him from service. The petitioner received the notice of removal on 3-3-1953. The case of the petitioner is that the proceeding started against the petitioner was 'mala fide' and illegal and there was infringement of the fundamental rights guaranteed to the petitioner under the Constitution of India.

(3.) In our opinion this application must be dismissed on the preliminary ground that Patna High Court has no jurisdiction to issue a writ under Article 226 of the Constitution against the Chief Medical Officer, Eastern Railway, Calcutta. The language of Article 226 must be closely examined in this connection. Article 226 states that the: