M M DUTTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Having been appointed as Assistant Inspector of Works in 1934, the Petitioner was, at the material lime, working as Inspector of works at the Kanchrapara workshop of the Eastern Railway. There was a raid on the workshop by dacoits in November 1961, after which it was discovered that 657 steel lees were missing. After a fact-finding inquiry, the Divisional Engineer (Respondent No. 3) issued against the petitioner the charge-sheet at Ann. A to the petition, dated the 25th March, 1964 asking him to show cause why he should not be punished with removal or any lesser penalty for negligence of duty-

(2.) After the petitioner submitted his explanation to this charge, however, no inquiry was held but by the ex parte order at Annexure C, dated the 27th July, 19C5, respondent No. 2, the Divisional Superintendent held the petitioner guilty of the charge and ordered that Rs. 6600 should be recovered from the petitioner "for the pecuniary loss caused to the Railway Administration by your negligence".

(3.) On the 2nd September. 1965, the petitioner preferred an appeal against the aforesaid order to the Chief Engineer, but, without disposing of that appeal, the order at Annexure D has been issued on the 16th September, 1965 for the recovery of the sum by monthly installments of Rs. 125 from the salary bill of the petitioner commencing from August 1965.