Judgment

GAJENDRAGADKAR, J. : The appellant was employed as Assistant Station Master at Rawtara on the Katihar-Jogbani branch of the North-eastern Railway. On January 9, 1957, he was served with an order reducing him to the rank of Signaller. The validity of this order was challenged by him by a writ petition filed in the High Court of Judicature at Patna on July 3, 1957. The High Court, however, summarily rejected the said petition on July 4, 1957. The appellant s application for a certificate under Arts. 132 (1) and 133 (1) (c) of the Constitution was likewise rejected by the High Court. Thereupon the appellant applied for and obtained special leave from this Court. The appellant s grievance is that the impugned order has been passed against him without giving him an opportunity to meet the charge as required by Art. 311 of the Constitution. This contention appears to be well-founded; and so the appeal will have to be allowed. It appears that the material facts under which the impugned order came to be passed were not properly brought to the notice of the High Court; otherwise the High Court would not have summarily dismissed the appellant s petition.

2. On June 9, 1956, there was a collision between the train engine of 313 Down and a bullock cart as a result of which the cartman died though the buffaloes drawing the cart were not hurt. A departmental enquiry was held into this accident as required by the statute, and as a result of this enquiry it was found that "the accident was due to not locking with chain the level crossing gate between Up, Outer and Home at Rawtara in front of an in-coming train (313 Dn.)". The committee which held the enquiry came to the conclusion that the accident was due to the violation of G. S. R. 229/5 by both the appellant and the pointsman Shri Raghunath Koori. On July 26, 1956, the appellant was served with a notice calling upon him to show cause by written explanation within seven days why the penalty specified in item 1702 (5) or any lesser penalty specified in the said list should not be imposed on him. On receipt of this notice the appellant complained that he had been given no opportunity to meet the charge, that he was innocent and had committed no misconduct and he prayed that local witnesses should be examined. He also referred to the fact that soon after the accident took place the local police officer had made an investigation and his report showed that the appellant was not responsible for the accident. It appears that no subsequent enquiry was held nor was any opportunity given to the appellant to show cause in respect of the charge that he was responsible for the accident. Ultimately on January 9, 1957, the impugned order was passed against him. The appellant appealed against the said order but his appeal failed. It is on these facts that the validity of the said order is challenged by the appellant.

3. It is obvious that the enquiry into the accident which was held by the statutory committee was not directed against the appellant as such. It was an enquiry held as is always done in cases of accident to find out who was responsible for the accident. In this enquiry the appellant gave evidence and so did other witnesses. It does appear that the committee held that the statements made by the appellant in support of the pointsman were not true and that along with the pointsman the appellant was also negligent in the discharge of his duties. Incidentally it may be pointed out that the first part of the finding which is signed by Mr. Basu, the President of the Enquiry Committee, seems to hold only the pointsman responsible for the accident, though in the latter part the appellant and the pointsman both are held responsible. There is some substance in the grievance made by the appellant that it is not clear from the record when the latter part of the finding was added to the report. But, apart from this aspect of the matter there can be no doubt that it is as a result of this departmental