P. C. Borooah, J. - (1.) The petitioner Sadhan Chandra Ghosh was employed as a Power Supply Installation Fitter, at Adra under the South-Eastern Railway. By an Order dated 30.1.79 passed by Sri S, Sreerangam, Senior Divisional. Electrical Engineer (Traction), Adra, the petitioner was dismissed from Railway service with immediate effect in exercise of the powers conferred by Rule 14(ii) of the Railway Servants (Discipline and Appeal) Rules, 1968 (hereinafter the Rules'). A copy of this Order which is annexure A to the petition is the subject matter of challenge in this Rule.
(2.) It has been contended on behalf of the petitioner that the impugned order is liable to be set aside on two grounds, namely(1) that the authority concerned in dismissing the petitioner from service by taking resort to Rule 14(ii) of the Rules, has not recorded the reasons in the impugned Order as to why it was not practicable to hold an inquiry in the manner provided in the Rules, and (2) that the petitioner has not been afforded an opportunity of showing cause against the proposed punishment.
(3.) I have scrutinised the impugned order and Mr. D. N. Das, appearing on behalf of the Railway authorities, has produced the relevant service file of the petitioner. It appears from the said file that detailed reasons have been recorded as to why the Senior Divisional Electrical Engineer in passing the impugned order, did not think it reasonably practicable to hold an inquiry in the manner provided in the Rules. Furthermore, in the impugned order itself, reasons have also been given. There is as such, no substance in the first contention advanced on behalf of the petitioner.;