G.N.RAY, J. - (1.) This appeal is directed against the judgment dated 11th of September, 1985 passed in C.O.No.15469(W) of 1985. By the aforesaid order, the writ petition filed by the appellant Shri Ananda Chakrborty was dismissed by the learned Trial Judge. The aforesaid writ petition was moved by the appellant Shri Ananda Chakraborty against the order of dismissal from service passed by the respondent No.5, the District Traffic Superintendent, Eastern Railway, Chitpur, Calcuta.
(2.) It appears that a disciplinary proceeding was initiated against the appellant by issuing a charge sheet along with imputation of charges and statements of imputation of misconduct, since referred to in Annexure 'A' to the writ petition. The charges leveled against the appellant are et out hereunder :- C h a r g e s 1. Shri Ananda Chakraborty while functioning as Commercial Clerk at Sealdah Railway Booking Counter No.15 on 29.8.81 from 13.30 hrs. committed gross misconduct in that the said Sri Ananda Chakraborty had kept concealed 171 pcs. Of blank papers cut into sizes of self-printed tickets in two bundles, one printed ticket without inscription of ticket number on it ex. Sealdah to Krishnagar, one printed ticket dated 12th August, 1986 without inscription of ticket number on it ex. Sealdah to Belgharia/Durganagar and three two Rupee G. C. Notes, inside a locked drawer of office table, the key of which was under the personal possession of Sri Ananda Chakraborty for the purpose of manufacturing fake tickets with intent to sell to the intending passengers for personal gain, by depriving the Railways, of Railway revenue arising out of sale of such unaccounted for tickets. 2. Sri Ananda Chakraborty, Commercial Clerk failed to declare his personal cash in the Personal Cash Declaration Register at the time of reporting to duties regularly thereby violating the extent orders of the Administration.
(3.) Sri Ananda Chakraborty, Commercial Clerk had declared excess amount of personal cash on ten occasions beteen 10-7-81 and 29-8-81 beyond maximum permissible limit of Rs.20/- violating the extent orders of the Administration. Sri Ananda Chakraborty, therefore, failed to maintain absolute integrity and acted in a manner unbecoming of a Railway servant and contravened Rule 3(1)(i) and (iii) of Railway Services (Conduct) Rules, 1966. Sd/- (Sankar Ghosh) Dist. Traffic Supdt./Chitpur. 3. It further appears that in the said disciplinary proceeding several witnesses were examined on behalf of the Railway Administration and the appellant viz. the delinquent officer also deposed and he took the assistance of a defence helper being one of the Railway ex-employees. The Enquiring Officer submitted a report containing his findings and it appears from the said report that he came to the finding that the charges Nos.1 and 2 had been proved and with regard to charge No.3 the finding of the Enquiring Officer was to the effect that although the delinquent had declared his personal cash in the concerned register but such declaration had not been counter signed by the superior officers and although there had been contributory negligence by the concerned Railway Officers in not signing such declarations of the delinquent officer, he cannot be fully absolved of his responsibility in not getting his declarations countersigned by the superior officers. The enquiring officer also negatived the contention of the delinquent officer that non production of the alleged extent order requiring declaration of personal cash at the enquiry, the said charge could not be established because P.W.1 had deposed that the delinquent officer had a duty to declare his personal cash and to get it countersigned if it had exceeded Rs.20/-.;