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Ram Rattan v. Union Of India And Others

Central Administrative Tribunal
Jan 10, 1990
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Structured Summary of the Tribunal Opinion (S.R. Sagar, J.M.)

Factual and Procedural Background

On 20.5.1983 at about 13:20 hours a heavy fire occurred at Keshavrai Patan Railway Goods Shed in which 43 cable drums belonging to the Signal and Telecommunication Department, Railway Electrification, Kota were destroyed. At that time the plaintiff/applicant Shri Ram Ratan was serving as a casual chowkidar (Khalasi) on a 06:00–14:00 shift and was in charge of the CSO's stores depot at the goods shed. A major joint enquiry was conducted into the cause of the fire and, ultimately, an order removing the plaintiff from service was issued.

While the enquiry was pending the plaintiff filed Civil Suit No. 35 of 1984 on 12.1.1984 in the Court of the learned Munsif (North), Kota seeking declaration that the enquiry proceedings and proposed removal were illegal and seeking a permanent prohibitory injunction restraining removal. He also sought an ad-interim injunction on the same day. Despite these proceedings, the plaintiff was removed from service with effect from 19.1.1984 by office order dated 18.1.1984.

The learned Munsif dismissed the interim injunction application on 6.2.1984. The plaintiff appealed to the District Judge, Kota (C.M.A. 28/1984) and sought a temporary injunction in the appellate court. After the Central Administrative Tribunal bench at Jodhpur was constituted, the suit, appeal and related miscellaneous case were transferred under section 29(1) of the Administrative Tribunals Act, 1985 and re-registered as T.A. 2369/86 (civil suit), T.A. 2093/86 (CMA) and T.A. 2094/86 (miscellaneous).

Legal Issues Presented

  1. Whether the plaintiff, though initially a casual labourer, had acquired temporary status (by continuous employment exceeding six months) and thereby became entitled to protections under the Indian Railway Establishment Manual and the Railway Servants (Discipline & Appeal) Rules, 1968.
  2. Whether the removal of the plaintiff from service by order dated 18.1.1984 (effective 19.1.1984) was valid — i.e., whether proper procedure (supply of charge, opportunity to reply and personal hearing as required by the Rules) was afforded before imposing the penalty of removal.
  3. Whether the enquiry findings and evidence on record were sufficient to justify the plaintiff's removal, and whether the selective punishment of the plaintiff (when other chowkidars were named in the enquiry report) was justified.
  4. Maintainability and jurisdictional contentions raised by the respondents — specifically objections based on section 80 CPC, section 79 CPC, Article 300 of the Constitution and the contention that the order had become complete so the suit was infructuous.

Arguments of the Parties

Appellant / Plaintiff's Arguments

  • The plaintiff claimed entitlement to remain in service and sought declarations that the enquiry report and removal order were illegal; he also sought injunctions restraining removal and for continuation in service with wages.
  • In his rejoinder the plaintiff alleged that although appointed as a casual labourer (Khalasi), he had since acquired temporary status.
  • The plaintiff sought copies of enquiry findings and witness statements and filed suit rather than submitting a reply to the show-cause (although facts show he did not file a substantive reply before removal).

Respondents / Defendants' Arguments

  • The respondents contended that the plaintiff was only a casual Khalasi prior to 19.1.1984 and was responsible for the fire while on duty as chowkidar, which justified termination after enquiry.
  • They stated that the plaintiff did not submit any explanation in response to the notice dated 7.1.1984 (received 10.1.1984) and that on expiry of the show-cause period the competent authority validly passed the removal order on 18.1.1984.
  • The respondents argued the suit was bad for want of notice under section 80 C.P.C., that the court had no jurisdiction, and that the suit was not maintainable in view of section 79 CPC and Article 300 of the Constitution; they also contended that the removal order had become complete and the suit therefore infructuous.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Tribunal examined the pleadings, record and applicable rules and proceeded step-by-step as follows:

  1. Characterisation of employment status:
    • The Tribunal accepted that the plaintiff was admittedly a casual labourer (Khalasi), but noted the plaintiff's claim that he had acquired temporary status was not pleaded with necessary particulars (e.g., date of commencement and continuity of employment).
    • Relying on the respondents' averment and the undisputed facts that the plaintiff was on duty on 20.5.1983 and was continued in service until 18.1.1984, the Tribunal concluded that the plaintiff had been in continuous employment for more than 180 days and therefore must be deemed to have acquired temporary status under the Indian Railway Establishment Manual (rules cited in the opinion).
  2. Application of the Indian Railway Establishment Manual:
    • The Tribunal referred to rule 2501 (definition and conditions for casual labour and when they become temporary), sub-rule (2) (retention of temporary status while in continuous employment), rule 2505 (notice for termination of casual labour and the Note on those treated as temporary), and paragraph 2511 (rights and privileges of casual labour treated as temporary).
    • From these provisions the Tribunal deduced that once the plaintiff acquired temporary status he became entitled to the safeguards and procedure applicable to temporary railway servants, including the benefit of the Discipline & Appeal Rules.
  3. Procedural fairness under the Railway Servants (Discipline & Appeal) Rules, 1968:
    • The Tribunal examined the disciplinary process followed. While a show-cause notice dated 14.11.1983 (15 days) was issued, subsequent letters supplying findings and witness statements were dated 15.12.1983 and 7.1.1984; the plaintiff received the material on 10.1.1984 and was called upon to furnish a reply within seven days.
    • The Tribunal found that the plaintiff did not file any explanation or seek a personal hearing before the competent railway authorities and that the disciplinary enquiry envisaged by the Rules (including furnishing articles of charge with definite imputation and copies of enquiry reports as required by rule 9 of the Rules) was not conducted in accordance with the Rules.
    • Because the plaintiff had attained temporary status, he was entitled to the procedure mandated by the Rules; the Tribunal held that those procedural requirements were not complied with, rendering the removal order void ab initio.
  4. On the sufficiency and selectivity of evidence:
    • The Tribunal noted the enquiry report held the fire was caused by careless smoking by the chowkidars and named three chowkidars (including the plaintiff). The Tribunal observed there was nothing on record showing the plaintiff's participation in the enquiry or that the enquiry report established his exclusive guilt.
    • The Tribunal remarked that the witness statements and the affidavit produced did not establish the plaintiff's guilt exclusively and that no cogent evidence proved that he alone was responsible for the fire. Consequently, the removal order was not based on sufficient evidence.
  5. Relief and disposal:
    • On the basis of the above findings — that the plaintiff had acquired temporary status, that the disciplinary procedure required by the Rules (including rule 9) was not followed, and that evidence was insufficient — the Tribunal concluded the removal order dated 18.1.1984 was void ab initio.
    • Accordingly the Tribunal quashed the removal order, declared that the plaintiff continues in service, and directed reinstatement with full back wages and consequential benefits, to be implemented within three months. The main transferred suit (T.A. No. 2369/86) was disposed of in this manner.
    • The Tribunal also held that the other two transferred matters (T.A. 2093/86 and T.A. 2094/86), arising from the same civil suit and taken up along with T.A. 2369/86, had become infructuous and were dismissed. Each party was left to bear its own costs.

Holding and Implications

Holding: The Tribunal held that the order dated 18.1.1984 removing the plaintiff/applicant from service was void ab initio and accordingly quashed that order. The Tribunal declared that the plaintiff continues in service and is entitled to reinstatement with full back wages and other allowances and consequential benefits. The respondents were directed to implement the order within three months.

Implications:

  • Direct effect on the parties: The plaintiff is to be reinstated with full back wages and benefits; the respondents must implement within three months. The transferred related proceedings were dismissed as infructuous. Each party bears its own costs.
  • Scope of ruling: The decision rests on factual findings (continuous employment amounting to temporary status), the applicable provisions of the Indian Railway Establishment Manual and the Railway Servants (Discipline & Appeal) Rules, 1968, and the procedural defects observed. The opinion does not proclaim or identify any novel legal precedent beyond applying those provisions to the facts; no case law precedents were cited in the provided opinion.

This summary is confined to the facts, findings and reasoning expressly set out in the tribunal opinion provided and does not add or infer information beyond that text.

Show all summary ...

S.R Sagar, J.M:— On 20.5.1983 at about 13.20 hours, there was a heavy fire at Keshavrai Patan Railway Goods Shed, in which 43 Cable Drums belonging to the Signal and Telecommunication Department of Railway Electrification, Kota were gutted. At that time, the plaintiff/applicant Shri Ram Ratan was casual Chowkidar, Signal and Telecommunication Deptt. Railway Electrification, Kota. He was on duty Chowkidar in-charge of the CSO's stores, depot at Keshavrai Patan Goods Shed premises in 06.00 hours to 14.00 hours shift duty. A major joint enquiry was conducted under the orders of D.R.M, Kota into the cause of fire, which resulted in ultimate removal of the plaintiff/applicant from the service.

2. It appears that while the said enquiry was still pending, the applicant apprehended action against him and filed the Civil Suit No. 35 of 1984 on 12.1.1984 against the defendants/respondents in the court of learned Munsif (North), Kota for declaration that entire enquiry proceedings against the plaintiff/applicant for removing him from service were illegal. He also prayed for a permanent prohibitory injunction restraining the defendants/respondents from removing the applicant/plaintiff from the service. Pending disposal of the said suit, the plaintiff/applicant moved an application on the same date viz. 12.1.1984 in the court of learned Munsif (North), Kota for issue of a temporary prohibitory injunction restraining the defendants/respondents from removing him from service on the basis of report of the Enquiry Committee and allow him to continue him in the service and paying him his wages etc. accordingly. The above suit and the application for issue of ad-interim injunction were still pending; that the plaintiff/applicant was removed from his service with effect from 19.1.1984 vide office order No. GR/RE/S & T/2/1 dated 18.1.1984 of Chief Project Manager, Kota.

3. The plaintiff/applicant, then got the plaint of his said suit amended. By way of amendment, the plaintiff/applicant repeated almost the same facts; prayed for declaration that the order dated 14.11.1983, report of the Enquiry Committee and the order dated 18.1.1984, removing him from service, were illegal and that the plaintiff/applicant was still continuing in service of the respondents.

4. The plaintiffs suit was contested by the defendants/respondents, by filing written statements against the Original plaint as well as against the amended plaint. They also filed objections against the application of issue of temporary injunction. The plaintiff/applicant filedhis rejoinder.

5. After hearing both the parties on the application for issue of temporary injunction, the application was dismissed by the learned Munsif (North), Kota on 6.2.1984

6. Being aggrieved of the said order dated 6.2.1984, of the learned Munsif (North), Kota the palintiff/applicant preferred an appeal in the court of District Judge, Kota. This appeal was registered as C.M.A 28/1984. During the pendency of this appeal, the plaintiff/appellant moved an application in the appellate court for issue of a temporary injunction against the defendants/respondents. The civil suit, the appeal and the application for issue of temporary injunction aforesaid were still pending when the Bench of the Central Administrative Tribunal at Jodhpur came into being. Consequently, all these said cases were transferred to this Bench under section 29(1) of the Administrative Tribunals Act, 1985. The Civil suit received here by transfer was registered as T.A 2369/86, the Civil Miscellaneous Appeal was registered as T.A No. 2093/86 and the Miscellaneous case for issue of temporary injuction was registered as T.A No. 2094/86.

7. The facts, as have been placed before the court, now this Tribunal, through the plaint, have been made confusing and complicated by incorporating irrelevant matter and omitting the relevant and crucial facts, which are necessary for disposal of the case. However, the facts of the case, as emerged from the pleadings of the parties are briefly stated hereafter.

8. It appears that the plaintiff/appellant was a casual labourer (Khalasi) and was working as Casual Chowkidar, Signal and Telecommunication Department, Railway Electrification Project, Kota; that on 20.5.1983, at about 13.20 hours, there was a heavy fire at Keshavrai Patan Railway Goods Shed, in which 43 cable drums belonging to the Signal and Telecommunications Department of Rly. Electrification Project, Kota were gutted. At that time, the plaintiff/applicant was on duty Chowkidar in-charge of the CSI's stores depot at Keshavrai Patan Goods Shed premises. A major joint enquiry was conducted against him. As aresult of the enquiry, the plaintiff/applicant was found guilty and show-cause notice dated 14.11.1983 was issued to him to submit his reply within 15 days as to why he should not be removed from service. The plaintiff/applicant submitted applications dated 26.11.1983 and 26.12.1983 demanding the copies of the statement of the witnesses and also explaining reasons for his innocence regarding the said fire. With reference to the applications dated 26.11.1983 and 26.12.1983 the Senior Signal Telecommunication Engineer, Railway Electrification, Kota, vide its letter No. GR/RE/S & T/2/1 dated 15.12.83 and 7.1.1984 addressed to the plaintiff/applicant, supplied the copies of findings and Enq. Comm. and the statements of witnesses asking the plaintiff/applicant to furnish his explanation, if any, within 7 days from the receipt of these letters and in the absence, unilateral action would be taken against him. This letter and copies of statements of witnesses were received by the plaintiff/applicant on 10.1.1984 He did not file any reply or explanation thereafter before the respondents or the competent railway authorities. Instead of it, he filed the civil suit in the court of learned Munsif (North) Kota with an application for issue of a temporary injunction.

9. The respondents have contested the plaintiff/applicant's case. They have contended that prior to 19.1.1984 viz. date of removal of the plaintiff/applicant from service, the palintiff/applicant was only a casual Khalasi in Railway Electrification project; that he being on duty as Chowkidar at the said Railway Goods Shed at the relevant time when fire took place, he was responsible and therefore his services were terminated after holding enquiry according to law. The plaintiff/applicant did not even submit any explanation in response to the notice dated 7.1.1984 which was received by him on 10.1.1984 and therefore, on expiry of the period of show-cause notice of order for termination of plaintiffs service was passed on 18.1.1984 by competent authority. Besides, the respondents contended that the suit was bad for want of notice under section 80 C.P.C; that the court had no jurisdiction to try the suit; that the suit was not maintainable in view of section 79 CPC and Article 300 of the Constitution and that the order (removal of the plaintiff from service) had become complete and therefore, the suit had become infructuous.

10. We have heard arguments of the learned counsel for the parties at length and have gone through the record.

11. Admittedly, the plaintiff/applicant was a casual labourer. In his rejoinder, however, the plaintiff has alleged that the applicant, although appointed as a casual labourer (Khalasi) but had since acquired temporary status. Here, it may be noted that the most important factor, which was required to be pleaded or to be proved for showing that the applicant had since acquired the temporary status, has not been pleaded. It is not known as to on what date the plaintiff/applicant was employed as a casual labourer and whether he continuously worked as a causal labourer or for a period of 180 days, as project labour. In the absence of such pleadings, we have to deduce it from the facts available from record.

12. The respondents have contended in para 1 of their written statement that the plaintiff was only a casual Khalasi prior to 19.1.1984 Admittedly, the fire took place on 20.5.1983 at Keshavrai Patan Railway Goods Shed. On that date the plaintiff/applicant was on duty Chowkidar in-charge. These two facts amply make it clear that the plaintiff was in employment as casual labourer from before 20.5.1983 According to the respondents, the services of the plaintiff were terminated with effect from 19.1.1984 This shows that the plaintiff continued in service of respondents as casual labourer till 18.1.1984 Even if we take the date of employment of the plaintiff as casual labourer as 20.5.1983, he had continued in employment for morethan 180 days till the date of termination of his services. In any case, the plaintiff shall be deemed to have continuously worked as casual labourer for more than 180 days.

13. Now, the question arises as to what is the definition of casual labourer in accordance with the provisions of the Indian Railway Establishment Manual (for short ‘the Manual’). In this connection, rule 2501 in chapter XXV of the Manual may be referred. It reads as under:

“2501. Definitioa—

(a) Casual Labour refers to labour whose employment is seasonal, intermittent, sporadic or extends over short periods. Labour of the kind is normally recruited from the nearest available source. It is not liable to transfer, and the conditions applicable to permanent and temporary staff do not apply to such labour.

(b) The casual labour on railways should be employed only in the following types of cases, namely:—

(i) Staff paid from contingencies except those retained for more than six months continuously. Such of those persons who continue to do the same work for which they were engaged or other work of the same type for more than six months without a break will be treated as temporary after the expiry of the six months of continuous employment.

(ii) Labour on projects, irrespective of duration, except those transferred from other temporary or permanent employment.

(iii) Seasonal labour who are sanctioned for specific work of less than six months duration. If such labour is shifted from one work to another of the same type, e.g, relaying and the total continuous period of such work at any one time is more than six months' duration, they should be treated as temporary after the expiry of six months of continuous employment. For the purpose of determining the eligibility of labour to be treated as temporary, the criterion should be the period of continuous work put in by each individual labour on the same type of work and not the period put in collectively by any particular gang or group of labourers.”

14. In this connection sub-rule 2, which reads as follows, is very much relevant:

(2) Once any individual acquires temporary status, after fulfilling the conditions indicated in (i) or (iii) above, he retains that status so long as he is in continuous employment on the railways. In other words, even if he is transferred by the administration to work of a different nature he does not lose the temporary status.”

15. With respect to the termination of services of casual labour, rule 2505 is significant, which reads as follows:

“2505. Notice of termination of service-Except where notice is necessary under any statutory obligation, no notice is required for termination of service of the casual labour. There services will be deemed to have terminated when they absent themselves or on the close of the day.

Note:—In the case of a casual labourer who is to be treated as temporary after completion of six months' continuous service, the period of notice will be determined by the rules applicable to temporary Railway servants.”

16. Above will show that after acquiring temporary status the services of a casual labourer can be terminated by adopting procedure laid down for temporary railway servants. The position has been made clear in paragraph 2511 of the Manual, which provides:

“(a) Casual labour treated as temporary are entitled to all the rights and privileges admissible to temporary railway servants as laid down in Chapter XXIII of the Indian Railway Establishment Manual. The rights and privileges admissible to such labour also include the benefits of the Discipline and Appeal Rules. Their service, prior to the date of completion of six months' continuous service will not, however, count for any purposes like reckoning of retirement benefits, seniority etc. Such casual labourers will, also, be allowed to carry forward the leave at their credit to the hew post on absorptionin regular service.

(b) Such casual labour who acquire temporary status, will not, however, be brought on the permanent establishment unless they are selected through regular Selection Boards for Class IV Staff.”

17. According to the respondents, a major joint enquiry was conducted into the cause of fire at Keshavrai Patan Railway Goods Shed aforesaid and according to findings of the Enquiry Committee, the plaintiff/applicant was found responsible for the fire accident. There is, however, nothing on the record to show that the plaintiff/applicant also participated in the said enquiry and that he was supplied copy of the report of the enquiry committee.

18. Only a 15 days' notice dated 14.11.1983 to show cause why the applicant should not be removed from service, was issued. On demand the plaintiff/applicant was supplied the copies of findings of major joint enquiry committee alongwith remarks and reasons for findings vide letter dated 15.12.1983 (Annexure A/1). The applicant was called upon to submit his reply within 7 days of the receipt of this letter dated 15.12.1983 Subsequently, the office of the Chief Project Manager furnished the copies of the statements of witnesses given before the major joint committee vide letter dated 7.1.1984 (Annexure A/6A). As no explanation was furnished within 7 days of the receipt of the letter dated 7.1.1984 (Annexure A/6A), the removal order dated 18.1.1984 was passed whereby the plaintiff/applicant was removed from railwayservice with effect from 19.1.1984

19. The above will show that no reasonable opportunity was afforded to the plaintiff/applicant for defending himself and also that no opportunity for personal hearing was given to him. It also appears from the copy of the findings (Annexure A/2) that besides the plaintiff/applicant other two persons were also found respon sible by the committee. The findings of the committee are reproduced below:

“We, the undersigned have carefully considered all the evidence, do find: After having the observation at site of fire accident and the examination of the witnesses the Committee concludes that the fire is caused due to the careless smoking by the Chowkidars. Therefore, we hold the following staff responsible for this fire accident:—

1) Shri Ram Ratan, Chowkidar

2) Shri Ram Prakash Chowkidar

3) Shri Prahlad Sharma, Chowkidar.

20. It is not understood as to on what basis only the plaintiff/applicant was chosen for punishment of removal from service. The learned counsel for the respondents tried to explain that only the applicant was on shift duty and not the other persons mentioned in the report and therefore, action was proposed to be taken against the applicant alone. If that were so, there was no justification for the inclusion of the names of two other Chowkidars as being responsible for the fire accident. The impugned or removal of the plaintiff/applicant from service is therefore, unconstitutional.

21. It will not be out of point to mention here that the copy of the statements of the witnesses (Annexures A/6 to A/8) and the affidavit of Shri Ajaib Singh (Ann. A-11) do not indicate towards the guilt of the plaintiff/applicant. There is no other cogent evidence on the record to prove that the plaintiff/applicant alone was responsible for the cause of the fire. The impugned order dated 18.1.1984 terminating the services of the plaintiff/applicant is not based on sufficient evidence.

22. As the plaintiff/applicant acquired temporary status, he is entitled to the benefits of Railway Servants (Discipline & Appeal) Rules, 1968 (for short ‘the rules’) also. It is clear from the above that enquiry for imposing penalty as contemplated by the provisions of ‘the Rules’ was not conducted in as much as article of charge with definite imputation of negligence and copies of enquiry report of such charges were not supplied to the plaintiff/applicant as required by rule 9 of the Rules. The impugned order dated 18.1.1984 removing the plaintiff/applicant from service with effectfrom 19.1.1984 is therefore, void ab-initio.

23. Consequently, the impugned order dated 18.1.1984 is hereby quashed and it is declared that plaintiff/applicant continues in service and he is entitled to reinstatement with full back wages and other allowances with all consequential benefits. The respondents are directed to implement this order within three months from the date of receipt of the copy of this order. T.A No. 2369/86 is disposed of accordingly.

24. T.A No. 2093/86 and T.A 2094/86 which arose from the Civil Suit which on transfer was registered as T.A No. 2369/86 and are taken up for disposal alongwith T.A No. 2369/86 have become infructuous and are hereby dismissed. In the facts and circumstances of the case the parties are left to bear their own costs.

25. Application allowed.