BHUBANESWAR CHATTGRJEE Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This is an application for appropriate writs and orders commanding the respondents to forbear from giving effect to an order dated Aug. 6, 1960, whereby the petitioner was removed from service with effect from Aug. 10, 1960, and also an order of the General Manager communicated to the petitioner by a letter, dated April 27, 1962, from the Chief Personnel Officer, Eastern Railway.

(2.) The petitioner was a permanent employee of the Eastern Railway Administration. He was first appointed on May 12, 1944, under the said Railway. The facts out of which the present application arises relate to a charge against the petitioner that he had obtained a Privilege Ticket Order (hereinafter referred to as P.T.O.) by forging the signature of another employee of the Railway, namely, K. K. Mukherjee. The ticket issued on this P.T.O. was used by one Himangshu Kumar Mukherjee, who was arrested for the improper use of the P.T.O. and was thereafter prosecuted and convicted by a Magistrate in Bombay. A P.T.O. is obtained upon a printed form being filled in by a Railway employee, who is required to sign the same and this signature is required to be attested by two other employees. The form thus filled in is to be handed over to the Head Assistant, who forwards the same to the clerk dealing with such matters and the said clerk thereafter issues the P.T.O. to the applicant.

(3.) On or about June 9, 1958, one Himangshu Kumar Mukherjee, who is not an employee of the Railway, was detected near Bombay, by a Travelling Ticket Examiner, while travelling with a ticket dated June 6, 1958, issued on the basis of a P.T.O. granted to K. K. Mukherjee, an employee of the Accounts Sec. of the Eastern Railway, Fairlie Place, Calcutta. The said Himangshu Kumar Mukherjee was thereafter prosecuted and convicted by a Magistrate in Bombay.