AMAL KUMAR SANYAL Vs. DIVISIONAL OPERATING SUPERINTENDENT

JUDGEMENT

(1.) This Rule is directed against the charge -sheet at Ann. A, the show -cause notice at Ann. M and the order of removal at Ann. O to the petition.

(2.) The Petitioner was appointed as Asstt. Station Master on probation in the year 1958 and thereafter confirmed in that post in 1962. There was a derailment at Raniganj, station at about 1.15 hours on May 5, 1963. That day, the Petitioner joined at 00.10 hours and took over his duties from Asstt. Station Master K.K. Bose, who was on duty till then. There was an inquiry at the spot held by five officers that very day and by their joint note they held the Petitioner along with K.K. Bose and the guard N.K. Chakravarty liable for the derailment.

(3.) On May 30, 1963, the charge -sheet at Ann. A was issued by Respondent No. 1, calling upon the Petitioner to submit his explanation within 7 days of service thereof. On June 3, the Petitioner asked for certain facilities for getting ready for the inquiry proposed, but that request was turned down, and on June 11, 1963, before the Petitioner could submit his explanation, the Petitioner was informed that a Board of Inquiry had been constituted to hold the departmental inquiry and that the Board would have its sitting at Raniganj on June 24, 1963. On June 12, 1963, the Petitioner repeated his request for the facilities and asked for production of certain documents at the inquiry. On June 13, 1963, a fresh notice of inquiry, modifying the constitution of the Board of Inquiry was issued (Ann. G). Overruling various contentions of the Petitioner the Board submitted its inquiry report (Ann. K), holding the Petitioner guilty of the charges.