Decided on August 19,1983

Balai Chandra Singha Roy Appellant
UNION OF INDIA Respondents


- (1.) This is an appeal from the decree of affirmance passed by the learned Additional District Judge at Barasat in the District of 24 Parganas in a suit for declaration that the order of dismissal passed against the plaintiff by the Divisional Mechanical Engineer, Sealdah with effect from 10-7-1964 is illegal and inoperative, for a further declaration that the plaintiff is still in service under the Eastern Railway and for a permanent injunction restraining the defendant Union of India represented by the General Manager, Eastern Railway, from interfering with the resumption of duty by the plaintiff. Both the Courts below having dismissed the suit, the present appeal has arisen.
(2.) While the plaintiff Sri Balai Chandra Singh was holding the post of second fireman in the loco workshop (R.g. shed) at Naihati, a charge sheet was issued to him on 10-5-1963 by the Assistant Mechanical Engineer I, Eastern Railway in which, apart from setting out the charges regarding absenting from duty without any authority since 11-11- 1962, the plaintiff was also asked to show cause why he should not be punished with penalty specified in item No. 8, that is to say, removal from service which should not be a disqualification for future employment or punished with any of the lesser penalties specified in the list below the charge sheet (the penalties being appended to the charge sheet).
(3.) On the basis of the said charge sheet, a departmental enquiry was held by an enquiring committee of two persons who after the enquiry, submitted report stating that the charge against the plaintiff was proved. The District Mechanical Engineer after accepting the report of the enquiring committee proposed a punishment of dismissal and after issuing a second show cause notice to the plaintiff and considering his representation, passed the impugned order of dismissal with effect' from 10-7-1974 which was subsequently affirmed by the Divisional Superintendent in appeal.;

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