Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administrative law: Administrative instructions-Indian Railways |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Administrative law: Administrative instructions - Indian Railways Vigilance Manual, 1996 - Paragraphs 704 and 705 - Non-adherence of, by Investigating Officer during investigation of departmental trap cases against employees-ticket examiners on official duty - Effect of - Held: Would not vitiate the departmental proceedings initiated against the employees - Instructions in paragraphs 704 and 705 are procedural in character and not substantive - Instructions have been issued for information and guidance of Investigating Officers - Administrative Rules, Regulations and Instructions having no statutory force do not confer any legally enforceable rights on the delinquent even if any of the directions is ignored - Courts below not justified in setting aside the termination of employees based on departmental proceedings initiated without adhering to the Instructions, and directing re-instatement - Railway Services (Conduct) Rules, 1966 - Railway Services (Discipline and Appeal) Rules, 1968 - Service law:Respondents in the first and third appeal were working as Head Train ticket Examiner and respondent in the second appeal was working as Train ticket Examiner. The Vigilance Officer of Railways laid departmental trap by deploying decoy passenger in separate trains, when the respondents were on official duty undertaking journey on trains going from one destination to another destination. In the process of raid, respondents were found defaulting in discharge of their official duties. They demanded more money against the EFT amount from the decoy passenger. Investigating Officer submitted report to the Railway Authority. The Authority issued charge sheet stating that the respondents failed to maintain absolute integrity, devotion to duty and acted in a manner of unbecoming of Railway servant and thereby they have violated Rule no. 3(1)(i)(ii) and (iii) of Rule No. 26 of Railway Services (Conduct) Rules, 1966. Enquiry Officer conducted Departmental Inquiry and found the charges proved against the respondents-delinquent. In the departmental proceedings, the Disciplinary Authority imposed penalty of removal from service upon the respondents.Aggrieved, respondents filed applications before the tribunal challenging the order. Tribunal allowed the applications and quashed the orders interalia on the grounds, holding that the investigating agency had conducted the departmental traps against the respondents in violation of the mandatory provisions as contained in paragraphs 704 and 705 of the Indian Railways Vigilance Manual, 1996; that the RPF constables were deployed as decoy passengers and constables from the same force witnessed the transaction between the decoy passengers and the respondents and as a result thereof the investigations were found defective which resulted in prejudice to the respondents to defend their cases in the departmental proceedings initiated against them; and that the non-compliance of the said provisions vitiated the disciplinary proceedings. Thus, the order imposing penalty upon the respondents was invalid and illegal. Tribunal directed reinstatement of respondents in service. High Court upheld the order of the tribunal holding that the RPF Constables cannot be said to be independent witnesses and Inquiry Reports in the absence of joining any independent witnesses in the departmental traps were not adequate and where the Instructions relating to such departmental trap cases were not fully adhered to, the punishment imposed upon the basis of such defective traps were unsustainable under law. Hence the present appeals. |
Judge | Hon'ble Mr. Justice Lokeshwar Singh Panta |
Neutral Citation | 2007 INSC 855 |
Petitioner | The Chief Commercial Manager, South Central Railway, Secunderabad And Ors. |
Respondent | G. Ratnam And Ors. |
SCR | [2007] 9 S.C.R. 259 |
Judgement Date | 2007-08-22 |
Case Number | 5033 |
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