UNION OF INDIA Vs. SAILENDRA NATH BANERJEE

JUDGEMENT

(1.) This is an appeal from judgment and order of Mr. Justice J.P. Mitter, dated May 20, 1959, whereby a rule nisi issued by this Court, in a petition under Article 226 of the Constitution, was made absolute.

(2.) The respondent is a non-gazetted railway servant, holding a non-selection post in the Eastern Railway. He was appointed on November 1, 1930, by the Divisional Superintendent, Howrah, East Indian Railways, now known as Eastern Railway. He was made permanent in the post of Assistant Station Master on September 1, 1952, his grade pay being Rs.60-4-120-5-170/-.

(3.) In 1952, the respondent who was then posted at Dhulian Ganges was transferred to Sahebganj. In accordance with the transfer order, he joined his duties at Sahebganj, but failed to vacate the quarters which he occupied at Dhulian Ganges. Thereupon a show cause notice dated September 15, 1952, incorporating therein the charges against the respondent, as also a list of penalties, was issued by the Divisional Personnel Officer. By this notice the respondent was called upon to show cause why the punishment specified in Item 3 of the list or a lesser penalty set out thereunder should not be imposed upon him. This Item 3 in the said list is: "withholding of increments or promotion including stoppage of efficiency bar." The respondent was allowed seven days from the date of receipt of the notice to give his explanation. A written explanation was furnished by the respondent, which however has not been included in the Paper Book, but the original was produced before us at the hearing of this appeal.