ABHINNA PADA BANERJEE Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner Abhinna Pada Banerjee who is a station clerk, Howrah in the Divisional Superintendent's office at Kharagpur in the S. E. Railway, has in this writ petition impugned the validity of a show - cause notice purportedly issued under Rule 14(ii) of the Railway Servants (Discipline and Appeal) Rules, 1968 by the Divisional Commercial Superintendent, South Eastern Railway, Kharagpur, by his memo dated Aug. 5, 1976.

(2.) For the purpose of deciding this case it will be necessary to set out the impugned order in extenso. The said order reads as follows:-

(3.) Sri A. P. Banerjee is hereby given an opportunity of making representation on the penalty proposed. Any representation which he may wish to make on the ('penalty proposed will be considered, by the undersigned before passing final orders. Such representations, if any, should be made in writing and submitted so as to reach to the undersigned not later than 15 days from the date of receipt of this memorandum by Sri A. P. Banerjee. If no representation is received from him within the stipulated time, it will be presumed that 113 has no representation to make and final orders will be liable to be passed against him ex parte.