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1960 Supreme(Cal) 136

SINHA
AMULYA RATAN MUKHERJEE – Appellant
Versus
DEPUTY CHIEF MECHANICAL ENGINEER, EASTERN RLY. – Respondent


Advocates Appeared:
B.BHATTACHARJI, BHABESH NARAYAN BOSE

SINHA, J.

( 1 ) THE facts in this case are shortly as follows: On the 26th June, 1959 the petitioner was employed as a clerk in the General Branch of the Eastern Railway at Lillooah, in the office of the Deputy Chief Mechanical Engineer, who was his appointing authority. It appears that shortly before that date, a report was received from the vigilance officer and there was a "fact finding enquiry". The allegation was shortly as follows: Some persons had secured blank pass application forms for the issue of Railway Passes. These blank pass applications were filled up with a bogus name and a false rubber stamp was put thereon, together with a forged signature of a clerk in the D. C. O. S. 's office, and they were passed on to the petitioner, who was a clerk in the Pass section. On the strength of this, passes were issued, which were fraudulently utilised. It appears that there was a very exhaustive enquiry at which witnesses were examined. On 26-6-58 the Personal Assistant to the Deputy Chief Mechanical Engineer issued a charge-sheet upon the petitioner and several other persons. The charges were as follows:"1. For fraudulent issue of 367 Nos. of foreign line passes (two II class a


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