- (1.) This special appeal is directed against the judgment of a learned Single Judge dated 5-10-1972 dismissing a writ petition. The petition arose out of disciplinary proceedings held against the petitioner under the Railway Servants (Discipline and Appeal) Rules 1968 (hereinafter referred to as the Rules). An enquiry was held against the petitioner and he was found guilty of charges of gross neglect in the performance of his duty as an out-door Assistant Station Master of the Barauni Junction. A report was submitted by the Enquiry Officer to the punishing authority who proposed a punishment of removal against the petitioner and directed him to show cause. The petitioner challenged the enquiry proceedings and prayed for the quashing of the report of the Enquiry Officer as well as the notice of punishment. He further prayed for a writ of prohibition restraining the authorities concerned from acting in furtherance of the show cause notice.
(2.) The appellant was an employee of North Eastern Railway and was working as an outdoor Assistant Station Master at Barauni Junction on 4-12-1967. He was a non-gazetted class III Railway Servant in the grade of Rs. 335-425 p. m. A collision of 38 Down Passenger train occurred at the Junction on that date. An enquiry was held regarding the accident. The Enquiry Committee found that Sri S. N. Tripathi, Assistant Station Master in-door Barauni Junction was responsible for the accident. Disciplinary proceedings were initiated against Sri S. N. Tripathi for neglect in the discharge of duty. The Enquiry Committee consisted of Assistant Traffic Superintendent and, a Junior Officer. During the course of this enquiry it was found that the responsibility for the collision lay on the petitioner who was the Assistant Station Master outdoor. A report was accordingly submitted that disciplinary proceedings be initiated against him and a recommendation was made that Sri S. N. Tripathi be discharged of the charge.
(3.) On receiving the report disciplinary proceedings were started by the Divisional Safety Officer, North Eastern Railway, Luck- now Junction, against the petitioner. A memorandum was prepared embodying the charges (Annexure 1 to the petition). One Sri T. S. Mittar was appointed the Enquiring Officer and the enquiry was thereafter held. The appellant appeared before the enquiry officer denied the charges and placed his case before him. The Enquiring Officer submitted a report to the Disciplinary Authority, holding the petitioner guilty of neglect of duty. The General Manager, North Eastern Railway after considering the report of the Enquiring Officer issued a show cause notice to the petitioner proposing a penalty of removal from service. The enquiry proceedings, the report of the Enquiring Officer and the show cause notice issued by the General Manager were sought to be quashed by means of the writ petition, on the ground that the Divisional Safety Officer had no authority to institute disciplinary proceedings against the petitioner or to appoint an Enquiry Officer as he was not the Disciplinary Authority competent to impose a major penalty and the enquiry proceedings were in regard to the imposition of a major penalty under Rule 9 of the Rules. The enquiry proceedings were accordingly challenged as invalid, as also the show cause notice for the penalty of removal as it was based on those proceedings.;