SURENDRA MOHAN SINHA Vs. DISTRICT TRAFFIC SUPERINTENDENT

JUDGEMENT

(1.) This is an application for the issue of a writ in which the petitioner has pray- ed that on order of the Controller of Grain Shops, Gorakhpur, dated 6-4-1954 stopping the increment of the petitioner for three years with cumulative effect should be quashed and that the District Traffic Superintendent of Sonepur, Opposite party before us, should be directed not to give effect to the said order of the Controller of Grain Shops; Gorakhpur.

(2.) The short facts on which the application is based are these. Petitioner Surendra Mohan Sinha was appointed as a clerk in the. Reserve Store Depot, Samaetipur, on . 29-10-1943. On 8-2-1951, the petitioner's service in the said depot came to an end and the petitioner reported himself to the Assistant Personnel Officer, Resettlement, O. T. Railway. On 9-2-1951, the petitioner's services were placed at the disposal of the General Manager of the said Railway and he was later appointed as a coolie supervisor at Paleza Ghat under the District Traffic Superintendent at Sonepur. In March 1953, the petitioner was appointed under the said District Superintendent as a permanent ticket collector. On 5-12-1953, the petitioner received a chargesheet from the Controller of Grain Shops, North Eastern Railway, Gorakhpur, in, which it was stated that the petitioner was charged with "neglect of duty and slack supervision resulting in loss to the Railway7' in respect of certain matters said to have been committed by the petitioner in November and December 1950. We may state here that the North Eastern Railway is the successor of the old O. T. Railway. The petitioner submitted an explanation to the Controller of Grain Shops, North Eastern Railway, Gorakhpur, and, on 6-4-1954, he received the following order from the Controller:

(3.) A preliminary objection has been taken on b of the opposite party to the effect that no writ can issue in this case inasmuch as the real order which the petitioner wishes to be quashed is the order of the Controller of Grain Shops, Gorakhpur, the location of whose office and residence is outside the territorial jurisdiction of this Court.