Mathura Prasad vs Union Of India & Ors

Appellant was engaged as a casual labour in the year 1978 for a period of four months. He was posted in Ganj Basoda Station. Subsequently, he was appointed at Bina Depot in the year 1981 and served upto 30.6.1982. He was appointed similarly on a few more occasions and was declared as a monthly rated casual labour in 1986. He was issued a service card wherein the details of his service as a casual labour were recorded from time to time. Service Card contained the particulars of the places, number of days and the capacity in which he had worked.

Pursuant to or in furtherance of a scheme of regularization in 1989, his name was short-listed. The service card was sent for verification. A purported report dated 31.5.1990 was sent by an Electrical Foreman, Ganj Basoda challenging that it was a fake one; whereupon a major penalty was imposed on him, inter alia, on the charges; firstly, his service card bearing No. 303774 was fake; and secondly, that he secured employment on the basis of the fake service card.

The disciplinary authority was, however, not satisfied with the report. It was sent it back to the Inquiry Officer under a demi-official letter dated 2.11.1993 stating:-

Appellant filed an Original Application before the Central Administrative Tribunal, questioning the said order of the disciplinary authority as also the Appellate Authority. By a judgment and order dated 13.2.2001, the Tribunal allowed the said application and directed reinstatement of Appellant with consequential benefit but with 50% back- wages. The Tribunal arrived at the said conclusion on the premise that the disciplinary authority at the first instance having differed with the findings of the Inquiry Officer was enjoined with a duty to record reasons therefor and record its own findings on the said charge that the evidence was sufficient for the purpose as required under Rule 10(3) of the Railway Servants (Discipline & Appeal) Rules, 1968 (for short the Rules). It was further held by the Tribunal that there was no finding with regard to endorsements of work rendered by Appellant between 1978 to 1986 contained in the service card of Appellant are inaccurate in particulars.

When an employee, by reason of an alleged act of misconduct, is sought to be deprived of his livelihood, the procedures laid down under sub- Rules are required to be strictly followed. It is now well settled that a judicial review would lie even if there is an error of law apparent on the face of the record. If statutory authority uses its power in a manner not provided for in the statute or passes an order without application of mind, judicial review would be maintainable. Even an error of fact for sufficient reasons may attract the principles of judicial review.

The said dicta shall apply to the facts of the present appeal also.

The impugned judgment, therefore, cannot be sustained. The appeal is, thus, allowed. However, the matter is remitted to the disciplinary authority. It may pass an appropriate order upon application of his mind afresh in the light of the observations made hereinabove.

Appellant is entitled to costs. Counsel's fee assessed at Rs.15,000/-.