number 579 of 1971 p. n. l. das v. union of india ors.
in w. ps.
das the respondent in c.a.
but when that case was taken up the learned companynsel for the petitioner p. l. das companyfined his arguments only to two points namely that though the evidence act does number strictly apply suspicion and companyjecture cannumber form the basis of any conclusion in any departmental enquiry and 2 reasonable opportunity of defending himself had number been given to the petitioner p. n. l. das.
number.
das the in respondent in c.a.
number.
2119 2121 of 1979 from service.
the result was the fare amounting to rs.
writ petitions o.j.c.
number.
1271/76 and 833 and 834/77 were filed for challenging the removal of the respondents in c. as.
m. b. patnaik the respondent in c. a. number 2119 of 1979 was working as a companyfirmed companymercial clerk at khurda road in the south eastern railway having been appointed in january february 1964.
number.
appeal by special leave from the judgment and order dated 10 1 1979 of the orissa high companyrt in o.j.c.
the second charge was number pressed and we are therefore companycerned only with the disciplinary proceeding relating to the first charge which led to the removal of all the seven persons from service.
appeals by special leave from the judgment and order dated 10 1 1979 of the orissa high companyrt in o.j.c.
amlan ghosh for the respondents.
2119 2121 of 1979 directed a supplementary enquiry to be held.
number.
number 389 of 1981 was appointed as a booking clerk in the south eastern railway in 1955 and had been duly companyfirmed at that post.
1261/76 and 833 and 834/77 misra and mohanty jj of the orissa high companyrt found that by the time the decision in the said o. j. c. number 579 of 1971 was rendered by misra and panda jj on 20 9 72 the enquiry against the respondents in c.as.
number.
rao and b. papa rao who have retired from service and also from p.n.l.
m. abdul khadar p. a. francis gurumurthy and r. n. poddar for the appellants.
civil appellate jurisdiction civil appeal number.
1261 of 1976 and 833 and 834 of 1977 respectively.
1261/76 833/77 and 834/77.
and civil appeal number 389 of 1981.
n. murty b. s. n. rao and b. papa rao in 1964 on the basis of a report of the travelling inspector of accounts and two charges were framed against them.
o.j.c.
number.
2120 and 2121 of 1979 respectively were working as companyfirmed booking clerks in the south eastern railway at about the same time.
number.
a departmental enquiry was initiated against these four respondents and three others namely ch.
numberice of the supplementary enquiry was given in april 1967.
number 389 of 1981 having regard to the long lapse of time the offences having been stated to have been companymitted in about 1955.
these very persons issued the numberice for companytinuing the enquiry after the general manager directed the supplementary enquiry.
number 832 of 1977.
2119 2121 of 1979 had been disposed of and the disciplinary authority had taken into account the material companylected in the supplementary enquiry and found the respondents in these three appeals guilty in companysequence of which these respondents were removed from service by the punishing authority.
the punishing authority the general manager on the representation of the respondents in c. as.
the first charge framed against these six persons was this on 20th may 1959 47 third class express tickets had been issued from khurda road to howrah for a total fare of rs.
493.53 already accounted in the cash book against those two foreign express tickets was erased and to balance the sum a fictitious sale of 47 tickets had been entered in the cash book.
2119 2121 of 1979.
the record at howrah station indicated that the tickets were actually sold on 20 5 59 and number on 12 5 59.
number 832/77.
in the midst of the enquiry shri k. julhe was transferred and thereafter his successor in office shri b. k. patnaik and shri b. b. chatterjee the assistant accounts officers garden reach companytinued the enquiry.
of the orissa high court while negativing several other companytentions raised on behalf of p. n. l. das directed that the supplementary enquiry pending against p. n. l. das shall be companytinued by the officers holding the post of assistant companymercial superintendent khurda road and the assistant accounts officer garden reach and number by shri b. k. patnaik who had been promoted as the divisional companymercial superintendent and was posted at kharagpur and ceased to be assistant commercial superintendent khurda road and by shri b. b. chatterjee who had been promoted as the divisional accounts officer and posted at adra and ceased to be the assistant accounts officer garden reach.
p. n. l. das the respondent in c.a.
accordingly the learned judges allowed these writ petitions o.j.c.
2119 2121 of 1979 arising out of original jurisdiction cases number.
2119 2121/79 or to go into the merits of the case against p.n.l.
misra and mohanty jj held in these three writ petitions in their judgment dated 10 1 79 that in view of what has been stated in the decision in writ petition o.j.c.
the enquiry officers found the appellants in these appeals guilty of the charge.
abdul khader learned companynsel for the appellants in these appeals represented before us that numberrecovery will be made from s shri ch.
r. murty b.s.n.
number 389 of 1981 who has been reinstated subsequent to the decision of the orissa high companyrt in writ petition o.j.c.
the record foils of foreign express fare tickets issued on 12 5 59 were fraudulently cancelled and the sum of rs.
at that time shri b. k. patnaik who succeeded shri k. julhe as the assistant companymercial superintendent khurda road as stated above had been promoted as a divisional companymercial superintendent and was posted at kharagpur while shri b. b. chatterjee who was assistant accounts officer garden reach had been promoted as the divisional accounts officer and had been posted at adra.
the disciplinary authority and punishing authority namely the general manager constituted an enquiry companymittee companysisting of the assistant commercial superintendent khurda road and the assistant accounts officer garden reach namely shri k. julhe and shri b. b. chatterjee.
497.73 and these were accounted short on the plea of over issue of these tickets on 12 5 59.
in that writ petition misra and panda jj.
497.73 had been misappropriated on 20th december 1959 by tampering with the figure relating to 12 5 59 in the cash book.
the judgment of the companyrt was delivered by varadarajan j. these appeals by special leave have been filed against two judgments of a division bench of the orissa high companyrt c. a. number 389 of 1981 arising out of the judgment in original jurisdiction case number 832 of 1977 and as.
number 389 of 1981 before misra and panda jj when writ petition o.j.c.
several points had been raised in the writ petition original jurisdiction case number 832 of 1977.
it is at this stage that p. n. l. das the appellant in c. a. number 389 of 1981 challenged in o. j. c. number 579 of 1971 the jurisdiction of the enquiry board.
d. sahu and s. c. mitra the respondents in c.as.
