Godharam Moolchand Balai vs Union Of India

A.J.Desai, J

By way of this petition under Articles 14, 16 and 226 of the Constitution of India, the petitioner has prayed as under:

27(A)YOUR LORDSHIPS be pleased to direct respondent no.2 to consider the representation/ applications/ complaints dated 30.01.2020, 08.07.2020,

21.07.2020, 04.08.2020 and 05.08.2020 (Annexure ‘A’ Colly) submitted by the petitioner and take a decision on the applicability of R.153 of the

Railway Protection Force Rules, 1987 r/w. Railway Board Circular No.112 and 113 of 2003 as also Indian Railway Establishment Manual, after

affording reasonable opportunity of hearing to the petitioner, within such stipulated time as may be deem fit by this Hon’ble Court in the interest of

justice and equity AND till then be pleased to direct respondent no.4 not proceed for inquiry thereby frustrating the adjudication on the representations/

applications/ complaints dated 30.01.2020, 08.07.2020, 21.07.2020, 04.08.2020 and 05.08.2020 and contention of the petitioner on the aspect of

jurisdiction of the authority, in the interest of justice and equity,

(B) YOUR LORDSHIPS be pleased to issue a writ of mandamus or a writ in the nature of mandamus, or any other appropriate writ, order or

direction quashing and setting aside the action on the part of respondent no.3 in issuing the Charge Sheet dtd. 24.01.2020 (Annexure ‘B’) under

R.153 of the Railway Protection Force Rules,1957 as being without authority and jurisdiction, contrary to the Railway Board Circular and policy of the

respondent authorities as also on misinterpretation of the Indian Railway Establishment Manual, in gross violation of principles of natural justice as also

violative of Art.14 and 16 of the Constitution of India.

(C) YOUR LORDSHIPS be pleased to direct respondent no.4 to maintain status quo in respect of further hearing / proceeding of Departmental

Inquiry in pursuance of Charge Sheet dtd.24.01,2020, pending admission, hearing and final disposal of this petition;

(D) YOUR LORDSHIPS be pleased to dispense with the filing of the Affidavit as per Circular dtd. 15.08.2020 issued by the Registry of the

Hon’ble High Court in the interest of justice;

(E) YOUR LORDSHIPS be pleased to grant such other and further relief’s as deemed fit in the interest of justice;

It is brought to the notice of this Court that the representations have already been decided by the authority and appropriate order has been passed

by imposing punishment of compulsory retirement with 85% pensionary benefits. The said decision is challenged before the appellant authority in the

department itself.

Mr.Asit Joshi, learned advocate for the petitioner states that the petitioner would raise all the contentions including applicability of Rule 153 of the

Railway Protection Force Rules,1987 before the appellate authority. All the contentions, which have been raised by the petitioner, shall be dealt with

by the appellate authority in accordance with law. With this direction, this petition is disposed of.