1974 Supreme(Cal) 228
S.K.DUTTA, B.C.RAY
UNION OF INDIA – Appellant
Versus
HARSANARAYAN SINGH – Respondent
Advocates Appeared:
Ajoy Kumar Basu, BASUDEB BANERJI, KANIKA BANERJI
( 1 ) THE only point in this appeal is whether the disciplinary authority considered the record of the enquiry and recorded its findings on each charge before he issued show cause notice to the delinquent. It appears that the petitioner was a Rakshak in the armed wings of the Railway Protection Force, Easter Railway and he was charged with the following misconduct: - (1)you are hereby charged with gross neglect of duty and grave misconduct under rule 44 of the Railway Protection Force Rules 1959 in that you at. . . . on the 23rd night of August 1961 you were issued with command certificate No. 328 dated 23. 8. 1961 at 23/48 hrs. , to proceed to take up your duty in between up outer location box and Taratala Gate after relieving the 'c' shift party consisting of RK 630 Jamuna and R K 610 S. N. Singh. But you did not care to proceed to take up your duty and remained in the barrack unauthorisedly. (2)you assaulted SR 702 Phani Bhusan Nag at about 02/00 hrs. on 4. 8. 1961 near Taratala Level Crossing Gate causing bleeding injuries on his person. . . and you are hereby called upon to show cause. . . the penalties prescribed under rule 41 of the Railway Protection Force Rules 1959 should
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