S. B. Sinha, J. - (1.) Leave granted.
(2.) Appellant was appointed as Khalasi at Kota Railway Station of Western Railway Administration in the year 1981. On 8th February, 1985, he was promoted as a Junior Clerk. A test was conducted by Chief Works Manager (Wagon Repair Shop) of Western Railway, Kota. He qualified in the same test. The Western Railways Administration started one Railway Electrification Project and he was transferred thereto in September 1985. While working there as a Junior Clerk, he was promoted as a Senior Clerk on 24.4.1987 on an ad hoc basis. On completion of the project, he was repatriated to his original office. Although he was posted in the office of the Kota Railway Station of Western Railway Administration, he was kept in the said workshop. A request for change of his name was agreed to by the competent authority, namely, the second Respondent herein and his request for absorption on the said post was also accepted.
(3.) A complaint against him by four employees working in the Divisional Office of Kota was made on 4.5.1994 that he was not entitled thereto alleging that the promotion granted to him was not a regular one. Relying on or on the basis of the said complaint, a show cause notice was issued on 10.4.1995 to him which is in the following terms:- "According to the rule for the change of lien, the application of the employee should have been forwarded from his parental department. But it did not happen so and then the Chief Clerk Sh. Hridesh Bhatnagar, employee in the Establishment Branch in Divisional Office without any enquiry fixed the lien of Sh. Shekhar Ghosh in the W.B.S.M. Group in the Divisional Office and Rs.5000/- as a bribe was taken for this forgery work. Sh. Shekhar Ghosh is employed on todays date as a clerk by way of forgery under Assistant Engineer (Central, Kota. Sh. Shekhar Ghosh has not even passed any departmental examination for becoming clerk; even then he has been posted as clerk in a forged manner. When Shri Shekhar Ghosh had come after having repatriated from R.I. Organisation then he should have been relieved for Goods Compartment Repairing Factory, Kota and whatever his position adjusted there as Khalasi or Fitter, there itself he should have been adjusted. However, it did not happen so. Nothing sort of any correspondence was done with the parental Department of Sh. Shekhar Ghosh. In a similar situated case, Sh. Pandey was already refused to take from R.I. then how the rule framed separately for Sh. Shekhar Ghosh. Therefore, it is requested that this forgery case of Sh. Shekhar Ghosh be got enquired into immediately and disciplinary action be initiated against the then Head Clerk who mislead the administration and having taken bribe in a fraudulent manner Sh. Shekhar Ghosh made a clerk from Khalasi." ;