BENOY BHUSAN BANERJEE Vs. DIVISIONAL SUPERINTENDENT, EASTERN RAILWAY

JUDGEMENT

(1.) The Petitioner is aggrieved by the order of stoppage of his increment dated October 21, 1960, as affirmed by the order of October 26, 1962, which are at annexes. XIII and XV respectively.

(2.) The Petitioner was at the material time working as a shed clerk under the Eastern Railway. On August 8, 1958, he was served with the charge -sheet at annEx. I, issued by the District Traffic Superintendent. But, after the Petitioner submitted his explanation to the same, the Petitioner was served with a second charge -sheet dated December 9, 1958, issued by the Assistant Personnel Officer (Respondent No. 5) which is at annEx. IV. After an inquiry held by a committee, headed by the Assistant Personnel Officer, the Petitioner was held guilty of the charges, and after a second show -cause notice the Petitioner was removed from service by the order dated August 11, 1960, passed by the Divisional Superintendent (Respondent No. 1) which is at annEx. XII to the petition. The Petitioner, thereafter, prayed for a reconsideration of the penalty, and upon such reconsideration the Divisional Superintendent cancelled the order of removal and substituted the punishment of stoppage of increment by the order at AnnEx. XIII. The Petitioner has failed to get any relief by successive appeals to Respondents 1 and 3.

(3.) The petition is opposed by a joint affidavit filed by the Assistant Personnel Officer on behalf of Respondents 1, 2 and 5.