The Patna High Court quashed an impugned order rejecting a railway employee's mercy appeal regarding removal from service. Lacking reasoning, the Court directed the Director General, RPF, to pass an order afresh within three months.
Order dated 30-09-2011 quashed; matter remanded to Director General, RPF to pass order afresh within three months.
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Patna High Court CWJC No.12984 of 2012 (4) dt.21-01-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12984 of 2012
====================================================== 1. Bibekanand Singh Son Of Late Ahiraj Singh Resident Of VillagePahlagardh, P.S.- Kadma, District- Katihar .... .... Petitioner/s Versus 1. The Union Of India Through The Secretary, Department Of Home, Null Government Of India, New Delhi 2. The Secretary, Department Of Railways, Government Of India, New Delhi 3. The Chief General Manager, Indian Railways, New Delhi 4. The General Manager, North East Frontier Railways, Maligaon, Guwahati, Assam 5. The Deputy General Manager (G)-Cum-P.I.O., N.F. Railways, Maligaon, Guwahati, Assam 6. The Sub-Deputy General Manager (S.D.G.M.)-Cum-Appelate Authority, North East Frontier Railways, Maligaon, Guwahati, Assam 7. The Chief Security Commissioner, N.F. Railways, Maligaon, Guwahati, Assam 8. The Senior Security Commissioner, N.F. Railway, Railway Protection Force, Katihar 9. The Deputy Director/Security (E), Railway Board, New Delhi 10. The Director General, R.P.F. Indian Railway, Railway Board, New Delhi 11. The Assistant Security Commissioner, R.P.F., Katihar 12. The Inspector, R.P.F., Diesel Shed, Malda, Assam 13. The Inspector, R.P.F., Katihar (W), N.F. Railway, Katihar .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra, Adv. For the Respondent no.1 : Mr. Anjani Kumar Sharma, CGC For Res. Nos.2 to 13 : Mr. Anil Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
In this case, petitioner is challenging the order dated 30th September 2011 passed by the D.G., RPF, Railway Board, New Delhi vide Memo No. 2008/Sec.(E)/PAR-3/8, whereby and
Patna High Court CWJC No.12984 of 2012 (4) dt.21-01-2015
whereunder the mercy appeal filed by the petitioner against his removal has illegally been r ejected.
It appears that the petitioner was granted leave, he had overstayed for which a departmental preceding was initiated and he was visited with order of removal from service. The appellate authority as well as the revisional authority also affirmed the said order.
Thereafter a mercy appeal was filed by the petitioner which remained pending for quite long time and ultimately on order having been passed by this Court, in CWJC No. 8514 of 2011 giving direction to the authority to dispose of the mercy appeal, accordingly, mercy appeal was disposed of by the order impugned.
Counsel for the petitioner submits that the order passed by the Director General, RPF does not show that he has applied his judicial mind rather passed the order in a mechanical manner.
Authorities are expected to pass a reasoned/speaking order so that the higher authority may know on what reasons the authority passed such order. The Hon’ble Supreme Court in the case reported in Chairman & Managing Director United Commercial Bank v. P.C. Kakkar, (2003)4 SCC 364 has said that
Patna High Court CWJC No.12984 of 2012 (4) dt.21-01-2015
the authority has to pass giving reason for arriving at such conclusion.
As the order dated 30th September 2011 (Annexure12) does not provide any reason, it is quashed and the matter is remanded back to the Director General, RPF, Railway Board, New Delhi to pass order afresh in accordance with law preferably within a period of three months from the date of receipt/production of copy of this order.
With this observation/direction, this petition is disposed of.
(Shivaji Pandey, J)
Jay/U
2 issues framed by the court
Whether the order rejecting the petitioner's mercy appeal without providing reasons violates the duty to apply judicial mind?
Whether the quashing of the impugned order and remand to the authority is appropriate in the absence of a reasoned decision?
Colour shows how this judgement treated each authority
Chairman & Managing Director United Commercial Bank v. P.C. KakkarRelied on¶11
Chairman & Managing Director United Commercial Bank v. P.C. Kakkar, (2003)4 SCC 364 · Who else cites this
1 provisions across 1 enactments
Bibekanand Singh
The Union Of India
The Secretary, Department Of Railways
The Chief General Manager, Indian Railways
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
