BROJA BALLAV GHOSE Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal from the appellate decree is at the instance of the plaintiff. The plaintiff was a Railway servant and he instituted Title Suit No. 50/67 for a declaration that an order of his removal from service and the appellate order therefrom being void and not binding upon the plaintiff, he continues to remain in service and for a decree for arrears of salary. Such a suit failed in the two courts below and the judgment and decree dated January 15, 1973, passed by the learned Additional District judge, 11th Court, Alipore, in Title Appeal no. 1014/70 are the subject matter of challenge in this second appeal.

(2.) THE undisputed facts may be set out very briefly: the appellant was appointed by the ex-Bengal and Assam Railway in the year 1944. After the partition, he opted for service in india. Such option was exercised in the year 1947, He was transferred to Eastern Railway and in 1950 he was posted as a ticket collector at bongaon and therefrom he was transferred to sealdah. In the yeat 1961 he was called upon by the authorities to submit a declaration of his assets and such a declaration being made, it now appears that there was a vigilance enquiry with regard to his assets. As a result of such enquiry, ultimately he was served with a charge-sheet dated 29th August 1962. Chargesheet was issued by the Divisional Personnel Officer, Sealdah, and is to be found at page 14 of the plaint. The first charge was that he was found to be possessed of assets more than the known source of his income to the extent of Rs. 16,745. 90. The charge-sheet indicates how it was so calculated. So far as the assets are concerned, its value was assessed on seven items and the total valuation was made at Rs. 21,840. 00. Admittedly, these included two immovable properties valued in total Rs. 15,763. 00 which stand in the name of the appellant's mother as set out in clauses (a), (b) and (d) of the allegations in support of the first charge. His total income was calculated at rs. 25,697. 62 and his probable family expenses were calculated at Rs. 20,602. 90 leaving a balance asset of Rs. 5,094. 62 so that, according to the charge-sheet, acquisition of property valued in total Rs. 21,840. 00 was made out of assets beyond the known source of his income to the extent of Rs. 16,745. 90. This was the first charge. The second charge was rather vague. It was to the effect that the appellant contravened R. 15 (1) of the Railway Service conduct Rules 1956 by acquiring the three immovable properties referred to in the first charge.

(3.) ALONG with the charge-sheet the appellant was served with allegations in support thereof and he was also informed that the prosecuting authorities proposed to examine 14 witnesses to prove the charges against the appellant.