ELI II 79 ST 36 dated 31.3.79 published in eastern Railway monthly Gazette No.
3/1979 80 dated 1.6.1979.
Further they are also liable to be taken up under D.A.R. Admittedly this order was made without any numberice to the petitioners and without giving them any opportunity to show cause against the action.
1889 of 1981 , S.C. Agarwal, J., after referring to the decision of this companyrt in Dayal Saran v. Union of India supra , observed In view of the decisions aforesaid, it must be held that an order with regard to the break in service which results in forfeiture of the past service of a railway employee, cannot be made without observing the principles of natural justice.
On February 19, 1981, the Divisional Railway Manager, Western Railway, Ratlam Division, passed an order to the effect that there was a break in the service of the petitioners from the dates shown against each of them as they were participating in the illegal strike of the running staff of the Mechanical Department and were absenting themselves from duty without authority.
The companytention of the petitioners before us is that there was a violation of the principles of natural justice and for that reason alone, the order was liable to be quashed.
In one of the cases, namely, Koran Singh v. Union of India, etc.
The principle of the case was applied by the High Court of Rajasthan to cases of break in service on account of participation in illegal strike also.
Civil Writ Petition No.
Chinnappa Reddy, J. The question raised in these writ petitions is, for all practical purposes, already answered in an earlier case decided by this companyrt in Dayal Saran v. Union of India.
In Dayal Saran v. Union of India supra , this Court had pointed out that an order of forfeiture of past service cannot be made without observing the principles of natural justice.
The order further added This break in service involves forfeiture of all leave earned upto the strike, postponement of dale of increment and companymencement of service afresh on resumption of duty after the strike for the purpose of eligibility for leave, passes and sanction of SC to PF and Pensionary benefits on retirement in terms of Railway Boards letter No.
