DISTRICT CONTROLLER OF STORES EASTERN RAILWAY LILOOAH HOWRAH Vs. RAM GOBINDA
LAWS(CAL)-1963-4-1
HIGH COURT OF CALCUTTA
Decided on April 24,1963

DISTRICT CONTROLLER OF STORES, EASTERN RAILWAY, LILOOAH, HOWRAH Appellant
VERSUS
RAM GOBINDA Respondents


Referred Judgements :-

KHEM CHAND V. UNION OF INDIA AND ORS. [REFERRED TO]
PHANINDRA NATH SHOME V. DIVISIONAL SUPERINTENDENT [REFERRED TO]
G.NAGESWARA RAO V. ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION [REFERRED TO]
SECRETARY OF STATE FOR INDIA V. I.M.LALL [REFERRED TO]
HUKUM CHAND MALHOTRA VS. UNION OF INDIA [REFERRED TO]
S KAPUR SINGH VS. UNION OF INDIA [REFERRED TO]
S KAPUR SINGH VS. UNION OF INDIA [REFERRED TO]
ALTAFUR RAHMAN FAZLUR RAHMAN VS. COLLECTOR CENTRAL EXCISE ALLAHABAD [REFERRED TO]
C S SHARMA VS. STATE OF UTTAR PRADESH [REFERRED TO]
HIGH COMMISSIONER FOR INDIA VS. I M LALL [REFERRED TO]



Cited Judgements :-

STATE OF GUJARAT VS. VINUBHAI MAGANLAL THAKKER [LAWS(GJH)-1991-3-38] [REFERRED]


JUDGEMENT

P.B.Mukharji, J. - (1.)This is an appeal from the judgment and order of Mr. Justice J.P. Mitter on a petition under Article 226 of the Constitution setting aside the order of removal of the petitioner and directing that the petitioner be given a personal hearing before the form of punishment is finally decided upon.
(2.)The petitioner orders this case was Ram Gobinda known as Gopal Labourer, Ticket No. 264 of Belur Scrap Yard, a permanent employee of the Eastern Railway. The allegation against the petitioner was that he was detected on the 15th January, 1955 in illegal and planned removal of materials from lot No. 140 of South Yard, Belur Scrap Yard. He was placed under suspension with effect from the 15th January, 1955 afternoon. There was the formal charge sheet which stated -
"On 15.1.55 you were seen keeping parts of scrap lead cells from lot No. 140 in the South Yard on Lorry No. WBLR (Cal) 9374 which was taking delivery of timber off-cuts from lot No. 239/Syd. 2. The stack of timber pieces loaded on the lorry was unloaded and scrap cell parts were found in different depths of the stack on the above lorry. This is an illegal and planned theft of railway property for which you are solely responsible."

(3.)The charge sheet, dated 15.1.55 also stated that -
"When the maximum penalty specified in item 6 and 7 you may, while giving you written explanation to the charge sheet, state whether you desire to be heard in person."



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