D.P.SINHA, J.

1. This second appeal has been preferred against the judgment and decree passed by the District Judge of Santhal Parganas in Title Appeal No. 31 of 1970 dismissing Title Suit No. 5 of 1966 which had been decreed in favour of the appellant by the 3rd 38 of 1968 Additional Subordinate Judge of Deoghar.

2. The appellant, Julal Mandal, was, at the relevant time, employed as a Permanent Way Mistry under the Eastern Railway. On 8-3-1965 the engine of the 71-Up Parcel Express collided with a stationary loaded Dip Lorry which was unloading materials at a place between Shankarpur Station and Mathurapur Halt on the UP line situated within the jurisdiction of A.E.W. Eastern Railway, Madhupur, respondent No. 3. A fact finding Committee was constituted which submitted a report on the basis of which a departmental proceeding was started against the appellant. The proceeding was conducted by the A. E. W. Madhupur (Shri B. R. Sen) who submitted a report to the Divisional Engineer, respondent No. 2, saying that the appellant was responsible for the accident and that he should be dismissed from service. The Divisional Engineer accepted that report and called upon the appellant