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september 1975

Supreme Court of India · 1975-09-15

DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY & ANR. vs T.R.

Citation / case number
SC 1974/60302
Court
Supreme Court of India
Petitioner
DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY & ANR.
Respondent
T.R.
Bench
FAZALALI, SYED MURTAZA

Judgment text excerpt

The Supreme Court held that under Rule 14(1) of the Railway Servants (Discipline and Appeal) Rules, 1968, a conviction of a railway servant is sufficient proof of misconduct, allowing the disciplinary authority to impose penalties after a summary inquiry. The Court clarified that Section 12 of the Probation of Offenders Act, 1958 does not prevent disciplinary action following a conviction, as the term 'penalty' in the rule pertains to disciplinary penalties rather than criminal sentences. The Court dismissed the appeals, affirming the High Court's quashing of the removal orders due to lack of consideration of circumstances by the disciplinary authority.

DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY & ANR. vs T.R. · Niyam