ANANDA CHAKRAVORTY Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 11th of September, 1985 passed in CO. No. 15469 (W) of 1985. By the aforesaid order, the writ petition filed by the appellant Shri ananda Chakraborty was dismissed by the learned Trial Judge. The aforesaid writ petition was moved by the appellant Shri Andnda Chakraborty against the order of dismissal from service passed by the respondent No. 5, the District Traffic Superintendent, Eastern Railway, chit pur, Calcutta.

(2.) IT appears that a disciplinary proceeding was initiated against the appellant by issuing a charge sheet along with imputation of charges and statements of imputation of misconduct, since referred to in annexure 'a' to the writ petition. The charges levelled against the appellant are set out hereunder :-

(3.) IT further appears that in the said disciplinary proceeding several witnesses were examined on behalf of the Railway Administration and the appellant viz. the delinquent officer also deposed and he took the assistance of a defence helper being one of the Railway ex-employees. The Enquiring Officer submitted a report containing his findings and it appears from the said report that he came to the finding that the charges. Nos. l and 2 had been proved and with regard to charge no. 3 the finding of the Enquiring Officer was to the effect that although the delinquent had declared his personal cash in the concerned register but such declaration had not been counter signed by the superior officers and although there had been contributory negligence by the concerned Railway Officers in not signing such declarations of the delinquent officer, he cannot be fully absolved of his. responsibility. in not getting his declarations countersigned by the superior officers. The enquiring officer also negatived the contention of the delinquent-officer that non. production of the alleged extent order requiring declaration of personal cash at the enquiry, the said charge could not be. established because P. W. I had deposed that the delinquent officer had. a duty to declare his personal cash and to get it countersigned if it had exceeded Rs. 20/.