JUDGEMENT
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(1.) THIS Rule was obtained by the petitioner for quashing an order of reduction in rank (Annexure 'm' to the petition ). The petitioner who was permanently employed as a Carpenter in the scale of Rs. 110-1801- was suspended from his service on 3rd January, 1966. On 4th January, 1966, he was served with a charge-sheet as follows:
"that on 3-1-66 at about 8-20 hrs. you threatened H. T. E. R. Sri P. K. Deb who was enquiring into your shouting near the C. and W. Dept. Stores of NJP. This amounts to gross misbehaviour and insubordination. "
(2.) THEN again,
" on 11th March)April, 1966, a second charge-sheet was issued to the petitioner as follows : "that on 3-1-66 at about 8. 80 hours while on duty you created disturbance near the carriage Sick Line of N. S. E. This amounts to gross misconduct. "
(3.) IN this charge-sheet the petitioner was directed to show cause in writing within seven clear days from the date ot: the receipt against the penalty specified in item 6 which runs thus:
"recovery from pay of the whole OT part of any pecuniary loss caused to government by negligence or breach of orders. " The petitioner then asked for supplying him a copy of-the findings of the previous proceeding held on 21-22 march, 1966, to enable him to furnish an explanation as asked for. On 27th april, 1966, the respondent No. 5 aske the respondent No. 6 to hold an enquiry on fresh charge issued under item 6 an the petitioner was asked to submit three names for defence counsel. The petitioner, however, by his letter of 1st May, 1966 reiterated his demand for the copy of the findings of the previous enquiry which was not supplied to him. It is alleged, on the complet-tion of second enquiry held on 10th June,, 1966, a second show cause notice was issued against the proposed penalty ol reduction of the petitioner in rank. The petitioner, however, on receipt of the notice asked the disciplinary authority to supply the copies of the relevant records of the previous proceeding but, without doing so on llth November,, 1966, the -respondent No. 5 passed a final order reducing the petitioner irt rank to the lowest post of Carpenter.;
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