SOUTHERN RAILWAY OFFICERS ASSN. AND ANR. versus UNION OF INDIA AND ORS.

Citation: [2009] 12 S.C.R. 429 · Decided: 04-08-2009 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed

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Judgment (excerpt)

... 
[2009] 12 S.C.R. 429 
SOUTHERN RAILWAY OFFICERS ASSN. AND ANR. 
A 
V. 
UNION OF INDIA AND ORS. 
(Civil Appeal Nos. 4835-4839 of 2007) 
AUGUST 4, 2009 
B 
[S.B. SINHA AND CYRIAC JOSEPH, JJ.] 
Constitution of India, 1950: Article 311(2), Clause (b) of 
second proviso - Railway Servants (Discipline and Appeal) 
Rules, 1968 - Rules 14(ii) - Dispensation from holding of C 
disciplinary inquiry - Railway Officer superannuated and was 
to leave for his native place - Delinquent employees created 
scene of terrorism, assaulted him and threatened him and 
others present at station - Matter reported to police and 
disciplinary authority- Order of dismissal recording that it was· D 
not practicable to hold an inquiry - Formality of holding 
disciplinary proceeding was dispensed with - Subsequent 
acquittal of delinquent employees from criminal case - High 
Court allowed reinstatement -
Challenged -
Held: 
Disciplinary authority recorded reason for its satisfaction that 
E 
it was not reasonably practicable to hold inquiry as 
contemplated by Article 311 (2) - High Court was not correct 
in opining that an immediate action, which was taken, was 
done in haste - It was a case where an immediate action was 
absolutely essential - Also, an order of dismissal can be 
F 
passed even if the delinquent official is acquitted of the 
criminal charge - Order of reinstatement set aside - Service 
law - Dismissal from service. 
A disciplinary proceeding was initiated against LA-
respondent. On the basis of report of inquiry officer he 
G 
was awarded punishment of dismissal from service. One 
SM was a disciplinary authority at the relevant time. He 
superannuated and had to leave for his native place. 
When he had to board the train for his native place some 
429 
H 
430 
SUPREME COURT REPORTS 
(2009] 12 S.C.R. 
A of the officers came at the station to see him off. At that 
time, the delinquent employees including LA-respondent 
came there and started abusing SM and also assaulted 
him. He and his family members were threatened to be 
killed if they go to their native place. Some railway officers 
B were also present there and atmosphere of violence, 
general indiscipline was created at the railway station. 
The other officers were also threatened, intimidated and 
terrorized. 
The matter was reported to the police station and FIR 
C was recorded. The incident was also reported to the 
disciplinary authority. On the same day notice of 
dismissal from service was issued against all the 
delinquent employees. The disciplinary authority 
recorded in the dismissal letter that it was not practicable 
D to hold an inquiry. Appeal was filed thereagainst which 
was dismissed. Revision applications were thereafter filed 
by delinquent employees except LA. In the meantime, the 
delinquent employees were acquitted from the criminal 
charges. The revisional authority took this fact into 
E consideration and while dismissing the revision 
application of KB allowed in part the revision applications 
of other 3 delinquent employees. The five delinquent 
employees filed OA before Tribunal. The Tribunal declined 
to interfere with the orders passed by revisional authority 
F in case of three employees. However, order of dismissal 
passed against LA and KB were set aside. 
Both the parties filed writ applications. Applications 
of the 3 delinquent employees were allowed and they 
G were ordered to be reinstated in service in their original 
position with all service benefits and backwages from 
31.1.2004. Hence the two sets of appeal filed before this 
Court, one by Union of India and the other by the Officers 
Association. 
H 
SOUTHl;RN RAILWAY OFFICERS ASSN. AND ANR. 431 
v. UNION OF INDIA AND ORS. 
-"\. 
Allowing the appeals, the Court 
A 
HELD: 1. Part XIV of the Constitution of India deals 
with the services under the Union and the States. Article 
309 deals with recruitment and conditions of service of 
persons serving the Union or a State. Article 311 deals 
8 
with dismissal, removal or reduction in rank of persons 
employed in civil capacities under the Union or a State. 
Indisputably holding of an inquiry, if any misconduct is 
_,, 
alleged on the part of the delinquent official, is obligatory 
wherein the delinquent employee is to be informed of the c 
charges against him and given a reasonable opportunity 
of being hearq in respect thereof. The second proviso 
appended to Article 311 (2), however, makes three 
exceptions in regard to constit

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