HARIDAS SARKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) ON May 22, 1964, there was an accident, namely, the derailment of engine of S-277 Up Diamond Harbour local train in Zone No. 4 of the Sealdah south Station Yard, and, after a fact-finding inquiry, the charge-sheet at annexure B to the petition was served upon the petitioner, who was at that time working as Assistant Station master "to supervise" the operation of the points "by the pointsman" in said Zone No. 4,

(2.) IN the charge, it was stated that the derailment was "due to the engine wheels taking 'no road' at the facing and of crossover points, which was not properly set and clamped and accordingly maintained a gap. " This happened for your gross neglect of duty as you, as in charge of Zone No. 4 failed to ensure that the points were properly set and clamped before exchanging private numbers with the Cabin for reception of S-277 Up * * *. "

(3.) THERE was an inquiry on this charge against the petitioner jointly with the Pointsman concerned, by respondent 4, the Assistant Operating superintendent (Safety ). The Inquiry officer, by his report at Annexure J, found the Pointsman as well as the petitioner, guilty of the charges levelled against them. Agreeing with that report, the Divisional Operating Superintendent (Safety), respondent 3, issued the show cause notice at Annexure K to the petition, asking the petitioner to show cause why he should not be removed from service. The petitioner's case is that he could not submit his explanation to this notice because of the failure of the respondents to comply with the requests made by him in his representations to supply certain materials (Annexure L ). Eventually, respondent 3 passed the order of removal, dated November 23, 1964, which is at Ann. O.