P.BONNERJEA, J. - (1.) This CR. 5340 (W)/1979 was instituted in the Calcutta High Court praying for setting aside the charge -sheet, enquiry report, punishment order and the appellate order being Annexures 'A', 'H', 'J' and 'M' respectively to the application and all orders consequential thereto and to direct the respondents to proceed according to law. The matter has been subsequently transferred to this Tribunal under Sec. 29 of the Administrative Tribunals Act, 1985, and registered as T/A 122 of 1986.
(2.) The facts of the case are shortly as follows : The applicant was a permanent Class IV employee under the respondent No.1 (General Manager) in the South Eastern Railway administration and was posted as a Peon in the Office of the Personal Officer (Mechanical) Workshop at Kharagpur.
(3.) On 11th September, 1975 at about 4.30 p.m. the applicant found two packets wrapped by white paper on the right side of the road while he was returning after duty. According to the applicant, he picked up the two packs and as he was coming by catching his cycle with both hands due to heavy rush of the employees leaving the workshop, he kept the two packets in the two pockets of his shirt with the intention to deposit the same to the Railway Protection Force Officer at the gate. The applicant further states that it was a rush hour and at the gate while the applicant was trying to find out an officer of the Railway Protection Force, he was pushed outside the gate by the other workers. Before the applicant had time to report the matter to the Railway Protection Force personnel, one Railway protection Force staff apprehended the applicant and though the applicant reported to the said staff that he intended to deposit the packets which were found by him, he was not believed.;