Bhaskar Bhattacharya, J. - (1.) This writ application under Article 227/226 of the Constitution of India is to the instance of an unsuccessful applicant under Section 19 of the Administrative Tribunal Act, 1985 (hereinafter referred to as the Act) and is directed against order dated September 15, 2004 passed by the Central Administrative Tribunal, Kolkata in T.A. No. 9 of 2003 thereby dismissing the application filed by the writ - petitioner by which he challenged an order of removal of service dated September 19, 1982 issued by the Divisional Railway Manager, Eastern Railway, Howrah.
(2.) The facts giving rise to filing of the present writ - application may be summed up thus :
(3.) The petitioner was appointed as a gangman in the year 1977 under Howrah Division of the Eastern Railway. On November 19, 1982, he was communicated with an order of removal from service in exercise of power under Rule 14 (ii) of the Railway Services (Discipline and Appeal) Rules (hereinafter referred to as the Rules). In the said order, it was indicated that the Divisional Railway Manager sought to invoke the power under Rule 14 (ii) of the Rules, as in his opinion, it was not reasonably practicable nor feasible to hold an inquiry in the manner prescribed in the rules for removal of an ordinary employee.;