UNION OF INDIA Vs. SANTOSH CHANDRA CHANDA

JUDGEMENT

(1.) This second appeal has been filed by the Union of India against the plaintiff-respondent in a suit filed by him against the dismissal order dated 22-9-1965 passed by the Deputy Chief Engineer, D. L. W., Varanasi and the order dated 28-2-1966 passed by the General Manager, D. L. W.. Varanasi dismissing the plaintiff's appeal.

(2.) Briefly stated the facts of this case are that the plaintiff was employed as Material Checking Clerk on 15-5- 1959 in the Locomotive Component Works by the Engineer-in-Chief, D.L.W. While working in the D. L. W., on 7-10-1964, he was charge-sheeted in respect of some serious misconduct for causing the loss of 4.409 metric tonnes of rods by manipulation and interpolation of the relevant entries in the records. An enquiry against the plaintiff was set up which constituted, among other officers, Sri S. K. Kaul. On the basis of the preliminary enquiry a prima facie case against the plaintiff was found and, therefore, a regular charge-sheet was given to him on 7-10-1964.

(3.) During the enquiry the plaintiff wanted assistance of someone who was posted at Varanasi but outside the D. L. W., Varanasi. The enquiry board, however, refused to permit this and insisted that the plaintiff could seek assistance of anyone who was working in D. L. W. but the plaintiff did not avail of this opportunity. The Enquiry Committee found the plaintiff guilty and by order dated 22-9-1965 the services of the plaintiff were finally terminated. The plaintiff filed an appeal which was dismissed on 28-2-1966 by the General Manager.