- (1.) THIS appeal is directed against the judgment and order dated 2nd May, 1989 passed by learned single judge of this Court. This appeal arises out of a Civil Rule no. 12002 (W) of 1980 in a proceeding under Article 226 of the Constitution.
(2.) THE appellant was an Assistant Security Officer, South Eastern Railway, Waltair Division. The duty of the appellant as such Assistant Security officer was to prevent theft of railway property in between up distant signal and down distant signal and to guard stacks of goods which would remain to the station in the area, being Ranital Station.
(3.) IN January 1979 the appellant was on duty at Ranital Station from 18. 00 hours to 06. 00 hours along with another colleage Shri B. Behara. At about 00-30 hours on 21st January, 1979 a down train reached Ranital station and halted there till about 1-30 a. m. when the train reached the hijli Station, it was found that theft side door of one of the wagons containing about 40 bundle of match boxes was tampered.;