D.BASU
M. M. DUTTA – Appellant
Versus
UNION OF INDIA – Respondent
( 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- (i) for failure to ensure the proper locking and sealing of the godown under his charge, which caused loss of Rs. 6600 approximately to the Railway; (ii) for failure to verify the stock every 6 months; (iii) for failure to exercise casual check of the stock.
( 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
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