Purna Chandra Borooah, J. - (1.) The petitioner Abhinna Pada Banerjee who is a station clerk, Howrah in the Divisional Superintendent's office at Kharagpur in the S. E. Railway, has in this writ petition impugned the validity of a show - cause notice purportedly issued under Rule 14(ii) of the Railway Servants (Discipline and Appeal) Rules, 1968 by the Divisional Commercial Superintendent, South Eastern Railway, Kharagpur, by his memo dated August 5, 1976.
(2.) For the purpose of deciding this case it will be necessary to set out the impugned order in extenso. The said order reads as follows:- "Shri A. P. Banerjee, station Clerk, Howrah (under suspension) is informed that on a careful consideration of the charges framed against him as per annexure 'A' enclosed and the circumstances of the case, the undersigned is of the opinion that it is not reasonably practicable to hold an enquiry in that manner provided in the Discipline and Appeal Rules, 1968 and has therefore provisionally come to the conclusion that:- Sri A. P. Banerjee is not a fit person to be retained in service and so the undersigned in exercise of the powers conferred by Rule 14(ii) of the Railway Servants (Discipline and Appeal) Rules, 1968 proposes to impose on him the penalty of removal from service."
(3.) Sri A. P. Banerjee is hereby given an opportunity of making representation on the penalty proposed. Any representation which he may wish to make on the ('penalty proposed will be considered, by the undersigned before passing final orders. Such representations, if any, should be made in writing and submitted so as to reach to the undersigned not later than 15 days from the date of receipt of this memorandum by Sri A. P. Banerjee. If no representation is received from him within the stipulated time, it will be presumed that 113 has no representation to make and final orders will be liable to be passed against him ex parte.;