HIMANGSHU KUMAR BOSE Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, in this Rule has prayed for quashing of the Disciplinary proceeding, the suspension order, the charge-sheet, the report of the Enquiry Officer and, the punishment show cause notice.

(2.) THE instant writ application, has arisen under the facts and circumstances stated hereunder.

(3.) THE petitioner, at the relevant time, had been working as a clerk in the Office of the Security Officer, Eastern Railway, Sealdah. By a memo, dated 6th march, 1976, of the Security Officer, sealdah, all documents, relating to recruitment / employment, dealt with by the petitioner, were directed to be taken over by the chief clerk, Shri R. N. Mukherjee, when the petitioner would join duty on the 8th of March, 1976. The petitioner was also served with an order of suspension issued by the Assistant Security Officer, Sealdah, in contemplation of a disciplinary proceeding. On 27th April, 1976, under the signature of the Assistant Security Officer, the petitioner was served with a charge-sheet, inter alia, alleging that the petitioner issued medical memos Nos. 274926 and 274927 dated 10th April, 1975, in favour of Ramprobesh Roy and Subhnarayan Ojha respectively, forging the signature of the chief clerk, Shri R. N. Mukherjee, and wrongfully using the rubber stamp of A. S. O. / SDAH to enable the said persons to obtain certificates of fitness and thus committed offences of forgery, conspiracy and misuse of his official position for his personal gains. Along with the charge-sheet a list of 6 documents and another list of 5 witnesses were enclosed, interims of Rule 9 of the Railway Servants Discipline and appeal Rules.