Case Note & Summary
The petitioner, Paikuji Chiwande, a Shunter 'B' employed with Central Railways at Ballarshah, was granted leave from 27th to 28th August 1982 to meet the Divisional Railway Manager, Nagpur regarding allotment of a residential quarter, which was his private work. He traveled on Train No. 22 Dn. on 28th August 1982 with his son in a First Class compartment using First Class Card Pass No. 044841, which was issued to office bearers of the National Railway Mazdoor Union (NRMU) under Railway Board's letter dated 23rd March 1971. The Train Ticket Examiner found the travel unauthorized as the petitioner was not an office bearer of NRMU and was traveling for private work. Penalty was charged from the son, and the matter was referred to higher authorities. The disciplinary authority imposed a major penalty of removal from service by order dated 30th November 1983, which was confirmed by the appellate authority on 2nd November 2000. The petitioner challenged these orders before the Central Administrative Tribunal, Bombay, which dismissed his original application. Aggrieved, he filed the present writ petition. The High Court held that the petitioner's act of using a pass meant for union office bearers for private travel constituted misconduct. The court found no procedural irregularity in the disciplinary proceedings and that the punishment of removal was proportionate to the gravity of the misconduct. The writ petition was dismissed.
Headnote
A) Service Law - Misconduct - Unauthorized Travel - Railway Establishment Rules - Petitioner, a railway employee, used a First Class Card Pass issued to union office bearers for private travel, which was unauthorized - The disciplinary authority imposed major penalty of removal from service - The Tribunal dismissed the original application - Held that the misconduct was serious and the punishment was proportionate (Paras 2-8).
Issue of Consideration
Whether the disciplinary authority's order of removal from service for unauthorized travel on a union pass was proportionate and legally sustainable.
Final Decision
The High Court dismissed the writ petition, upholding the orders of the disciplinary authority, appellate authority, and the Central Administrative Tribunal.
Law Points
- Misconduct
- unauthorized travel
- railway pass misuse
- disciplinary proceedings
- removal from service
- judicial review of disciplinary action
- proportionality of punishment
Case Details
2019 LawText (BOM) (08) 169
Writ Petition No. 4129 of 2005
Sunil B. Shukre, S. M. Modak
Mr. Vishal Anand for Petitioner; Mr. Zahid Shekhani h/f Mr. R. G. Agrawal for Respondents
Smt. Surekha Chandrahas Amte (substituted petitioner after deletion of original petitioner Paikuji Chiwande)
The Divisional Mechanical Engineer (Power), Central Railway, Nagpur; The Divisional Railway Manager, Central Railway, Nagpur; Union of India through General Manager, Central Railway, Mumbai
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging dismissal of original application by Central Administrative Tribunal, Bombay, which upheld disciplinary authority's order of removal from service.
Remedy Sought
Petitioner sought quashing of disciplinary authority's order dated 30th November 1983 and appellate authority's order dated 2nd November 2000, and reinstatement with consequential benefits.
Filing Reason
Petitioner was removed from service for unauthorized travel on a First Class Card Pass issued to union office bearers, which he used for private travel.
Previous Decisions
Disciplinary Authority ordered removal from service on 30th November 1983; Appellate Authority confirmed the order on 2nd November 2000; Central Administrative Tribunal, Bombay dismissed the original application.
Issues
Whether the petitioner's travel on a First Class Card Pass issued to union office bearers for private work constituted misconduct.
Whether the punishment of removal from service was proportionate to the misconduct.
Submissions/Arguments
Petitioner argued that the pass was issued to him as an office bearer of NRMU and he was entitled to use it.
Respondents argued that the pass was for union office bearers only and petitioner was not an office bearer; his travel for private work was unauthorized.
Ratio Decidendi
The use of a railway pass issued to union office bearers for private travel by a non-office bearer constitutes misconduct. The disciplinary authority's decision to impose removal from service is proportionate and not subject to interference in judicial review.
Judgment Excerpts
The Petitioner – Paikuji Chiwande is aggrieved by the dismissal of his Original Application filed before the Central Administrative Tribunal, Bombay challenging the order passed by the Disciplinary Authority dated 30th November 1983 and also the Appellate Authority dated 2nd November 2000, resulting in imposition of a major penalty upon the Petitioner in the nature of his removal from service.
The Train Ticket Examiner further found that the First Class Card Pass was issued in favour of office bearers of the National Railway Mazdoor Union, Ballarshah Branch in terms of Railway Board's Letter dated 23rd March, 1971.
Procedural History
Disciplinary Authority passed removal order on 30th November 1983; Appellate Authority confirmed on 2nd November 2000; Petitioner filed Original Application before Central Administrative Tribunal, Bombay which was dismissed; Petitioner then filed Writ Petition No. 4129 of 2005 before Bombay High Court, Nagpur Bench, which was dismissed on 5th August 2019.
Acts & Sections
- Railway Establishment Rules:
