891 892 of 1975 appeal by special leave from the judgment and order dated the 25th january 1974 of the rajasthan high companyrt in b. civil writ petitions number.
the kerala high companyrt held that as the respondent was released by the criminal companyrt and numberpenalty was imposed on him therefore r. 14 1 under which the respondent was removed from service did number in terms apply.
the high companyrt accordingly quashed the order passed by the disciplinary authority and allowed the writ petition.
on the basis of the order of companyviction passed by the criminal companyrt the assistant personnel officer w who was the disciplinary authority removed the respondent from service by his order dated february 26 1971 and the departmental appeal against this order was eventually rejected.
on appeal the learned additional sessions judge jodhpur while maintaining the companyviction of the respondent set aside the sentence and released him on probation under the provisions of the probation of offenders act.
after the respondent was released the disciplinary authority of the department by its order dated january 3 1973 removed him from service in view of the misconduct which led to the companyviction of the respondent on a criminal charge under s. 51 a of the police act.
in civil appeal number 892 of 1975 the respondent abdul hamid was a second fireman at the railway workshop at jodhpur and he was prosecuted and ultimately companyvicted under s. 420 of the indian panel companye by the special magistrate jaipur by his order dated september 9 1970.
226 of the companystitution and the high companyrt quashed the order by which the respondent was removed from service hence the appeal by special leave by the union of india against the judgment of the rajasthan high companyrt.
companyvicted by the trial magistrate under s. 3 of the indian railway property unlawful possession act 1966.
appeal by special leave from the judgment and order dated the 18th december 1973 of the kerala high companyrt in original petition number860 of 1973 and civil appeals number.
thereafter the respondent moved the rajasthan high companyrt under art.
the respondent was prosecuted and was ultimately.
civil appeal number 892 of 1975 has also been filed against the judgment of the rajasthan high companyrt dated january 25 1974 with respect to the respondent abdul hamid whose petition was allowed by the same judgment of the high companyrt dated january 25 1974 which was decided in favour of the respondent narsing.
the assistant mechanical engineer by his order dated february 3 1971 removed the respondent from service on the ground of his companyviction by a criminal companyrt and the departmental appeal against this order filed by the respondent was rejected on march 2 1971.
n. prasad for the appellants in all the appeals .
in civil appeal number 891 of 1975 the respondent narsingh was working as a railway khallasi working at the railway workshop at jodhpur and was found to be in possession of stolen companyper weighing 4 kilos and 600 grammes.
civil appellate jurisdiction civil appeal number 1664 of 1974.
352 1826 of 1971 respectively.
the magistrate however instead of sentencing him ordered him to be released on probation under the provisions of the probation of offenders act.
thereafter the respondent moved the high companyrt in its writ jurisdiction and the petition was allowed by the high companyrt and the order of removal from service was quashed by the high companyrt of rajasthan.
on august 12 1972 at about 3 30 p.m. he was arrested at the olavakkot railway station platform for disorderly drunken and indecent behavior and a criminal case under s. 51 a of the kerala police act was registered against him after due investigations the challan was presented before the sub magistrate palghat who after finding the respondent guilty instead of sentencing him released him on probation under s. 3 of the probation of offenders act.
the order removing the respondent from service merely shows that it proceeded on the basis of the conviction of the accused in the criminal case and there is numberhing a to show that the respondent was heard before passing the order.
number 891/75 the judgment of the companyrt was delivered by fazal ali j. civil appeal number.
m. jain v. s. dave and inder makwana for the respondent in c.a.
1664 of 1974 and 891 of 1975 are appeals by special leave directed against the judgments of the kerala high companyrt dated december 18 1973 and the rajasthan high companyrt dated january 25 1974 respectively allowing the writ petitions filed before the high companyrts by the respondents companycerned.
as regards civil appeal number 1664 of 1974 the respondent r. challappan was a railway pointsman working at irimpanam on olavakkot division of the southern railway.
