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.