- (1.) THIS appeal is at the instance of the plaintiff and it arises out of a suit for declaration, permanent injunction and recovery of money.
(2.) THE appellant was a Driver, grade 'b' in the Eastern Railway. In november 1963 he stood first in a selection test held by the Selection Committee of the Eastern Railway. In april 1964 he was promoted in an officiating capacity to the post of Driver, grade 'a' which is a selection post.
(3.) ON May 23, 1964, while the appellant was driving the 11 UP Delhi express from Jhanja to Moghulsarai, the engine failed near Kiul due to fusion of the lead plug of the engine and the train stopped. On May 25, 1964 he was pull under suspension by the Loco Foreman, Jhanja as per an alleged order of the Divisional Mechanical engineer (P), Danapur. On june 1, 1964 he was served with a charge-sheet issued by the Assistant mechanical Engineer (P) calling upon him to show cause why the penalty of reduction to a lower service, grade or post or to a lower time scale or to a lower stage in the time scale should not be imposed for the failure of the engine due to fusion of the lead plug near kiul. On June 2, 1964 he submitted his explanation to the charge-sheet stating that the engine stopped for no fault of his, but due to mechanical failure. No enquiry was held on the said charge, but by an order dated june 25, 1964 of the Divisional Mechanical engineer, the appellant was reverted to Grade 'b' on the ground of his unsatisfactory working in the officiating capacity. On July 3, 1964 the divisional Mechanical Engineer by his order warned the appellant for the failure of the engine and it was directed that recurrence of such offence would be viewed seriously.;