D. Basu, J. - (1.) The petitioner was, at the material time, holding the post of an Electrical Engine Driver. On the 12th February 1965, he was put off duty on the allegation that he had disregarded the last stop signal at Khardah Railway Station. On the 10th May 1965, he received an order of suspension issued by Respondent No. 2-the Divisional Electrical Engineer (Ann. A) and on the 18th May 1965, he was served with the charge-sheet at Ann. B, signed by the same officer calling upon him to submit his written defence. The charge, in short, was that the petitioner had violated General Rules 79 and 324, in disregarding the stop signal. The findings made by a fact-finding inquiry held by three officers was annexed to the charge-sheet.
(2.) On the 19th May 1965, and 20th May 1965, the Petitioner demanded copies of a number of documents, including the report of the fact finding inquiry, in order to enable him to prepare his explanation to the charge, but these were not supplied and he was obliged to submit his explanation at Ann. C, on the 4th June 1965 (p. 23 of the Petition).
(3.) The Assistant Mechanical Engineer, Mr. Joshi, who was appointed the Inquiry Officer (vide Ann. D, p 26), by Respondent 2, found the Petitioner guilty of the charges and agreeing with his report (pp. 83 et seq. of Ann. G), Respondent No. 1 issued the second show cause notice at Ann. G (p. 81) on the 27th October 1965 and directed the Petitioner to show cause within 10 days why he should not be removed from service. The Petitioner submitted his explanation on the 26th November 1965 and, on consideration thereof, the impugned order of removal (Ann. K. p. 131) was passed on the 29th January 1966 by Respondent No. 1, removing the Petitioner from service with effect from the 10th February 1966. The Petitioner challenges the validity of this impugned order on various grounds which will be taken up serially.;