Purna Chandra Borooah, J. - (1.) The petitioner Narayan Chandra Haider joined the service of the South Eastern Railway in the year 1956 and was posted as a clerk in the office of the Chief Commercial Superintendent, Garden Reach, Calcutta. At the time of joining the service he submitted a Scheduled Caste Certificate from the Sub - Divisional Officer, Barrackpore, on 3-4-76 the petitioners received a charge sheet issued under Rule 9 of the Railway Servants (Discipline and Appeal) Rules, 1968 (hereinafter the rules) to the effect that he had at the time of his appointment given an incorrect declaration about his caste and had falsely claimed that he belonged to the Scheduled Caste Community. A copy of the charge sheet is Annexure 'A' to the petition. On 13-4-76 the petitioners gave to the charge - sheet - copy being Annexure 'B' to the petition. After an enquiry the petitioner was found guilty of the charge and by an order dated 13-6-77 issued by the Chief Commercial Superintendent, he was asked to show cause why the penalty of removal from service should not be imposed upon him. A copy of this order is Annexure 'C' to the petition.
(2.) On 27-8-77 the petitioner gave a reply to the second show cause notice - copy being Annexure 'D' and on 12-9-77 he gave a further reply annexing thereto a true copy of the Scheduled Caste Certificate dated 10-9-77 issued by the Additional District Magistrate, 24 Prgns. (North) Barasat. A copy of the said certificate dated 10-9-77 is Annexure 'F' to the petition. By an order dated 16-5-78 the Chief Commercial Superintendent held that the petitioner was guilty of deliberately furnishing incorrect declaration regarding his father and also his caste and thus securing higher promotion on the strength of the Certificate and he accordingly ordered and petitioner to be reduced to the port of Junior Clerk for a period of five years. A copy of this order is Annexure 'G' to the petition. Pursuant to the order of the Chief Commercial Superintendent, an office order dated 17-5-78 was issued according to which the petitioner was allowed to work as a Junior Clerk with effect from that date. A copy of this order is Annexure 'H' to the petition.
(3.) Thereafter the General Manager of the South Eastern Railway issued an order dated 14-12-78 in terms of Rule 25 of the Rules wherein the General Manager reviewed the punishment imposed upon the petitioner by the Chief Commercial Superintendent and provisionally decided that punishment inflicted should be enhanced and the petitioner should be compulsorily retired from service. A copy of this order is Annexure 'I' to the petition. After receiving this order on 20-12-1978 the petitioner by a letter dated 30-12-78 prayed for one month's time to prepare a suitable reply but on 18-1-79 the order of the General Manager imposing upon the petitioner the punishment of compulsory retirement was issued. A copy of this order is Annexure 'L' to the supplementary affidavit filed by the petitioner. In this application the petitioner has impeached the orders, copies being annexure T and 'L' to the petition.;