EUSTACE H D V Vs. SOUTHERN RAILWAY

JUDGEMENT

(1.) THE petitioner herein is the Chief Inspector, Communications, Southern Railway, Madras. He has filed the present petition for the issue of a writ of prohibition restraining the respondents, the General Manager, Southern Railway, and the Divisional Superintendent, Southern Railway, from proceeding with the enquiry in pursuance of their Memorandum M/con. 090/a, dated 19 September 1964.

(2.) ON 26 August 1963 at about 1 p. m. , when, according to the affidavit, the petitioner entered the office-room of one Gupta, Divisional Engineer, Signal and Tele-communications, to ascertain the reasons for some directions given by the said Gupta to him, Gupta got excited and assaulted the petitioner. Immediately, the petitioner gave a complaint to the Divisional Superintendent of Railways, against and that he has obtained a medical certificate for the injuries sustained by him.

(3.) EQUALLY Gupta gave a complaint, on the same day, that the petitioner came to his room and asked him whether he had instructed the Inspector of Communications not to give him any position of control failure etc. , on the phone and when Gupta relied in the affirmative, the petitioner assaulted him and slapped him on his face very hard causing injuries on the face.