CHITTARANJAN ROY Vs. GENERAL MANAGER

JUDGEMENT

(1.) In this Rule the petitioner prays for quashing a disciplinary proceeding culminating in the issue of second show cause notice with the tentative order of removal of the petitioner from his service.

(2.) Briefly, the relevant facts as set out in the petition are as follows:-

(3.) The petitioner was appointed since October 15, 1949 as Motor Driver-cum-Mechanic in Chittaranjan Locomotive Works in a permanent post on salary of Rs.147/- per month in the scale of Rs.118-185/-. On 7th November, 1961 the petitioner was charge-sheeted for conspiracy with one Jang Bahadur, Motor Diver in smuggling the Railway properties and for trying leave for Calcutta with him on 31.8.61 to dispose of some materials namely, (1) 12 Volt Battery, (2) Cutter No.2. . . 15 Sets and (3) High speed Hackshaw Blades . . . . 3 dozen. An enquiry was made and after issue of second show cause notice for his removal from service the petitioner moved this Court in writ jurisdiction whereupon ultimately the entire proceedings were undertaken to be withdrawn by the respondents.