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1956 Supreme(Cal) 119

SINHA
A. R. S. CHOUDHURY – Appellant
Versus
THE UNION OF INDIA (UOI) – Respondent


Advocates Appeared:
Ajoy Kumar Basu, ANIL KUMAR GUPTA, SOMENDRA CHANDRA BOSH

SINHA, J.

( 1 ) THE facts in this case are briefly as follows; In 1948, the petitioner was appointed as a temporary brakesman in the B. N. Railway. In May 1949 he was promoted to the rant of a Guard and posted at Khargpuf. The B. N. Railway has subsequently merged in the Eastern Railway. On or about 25-5-1951, while the petitioner was working at Nainpur, he was verbally ordered to proceed to Khargpur and attend an enquiry. He was not informed as to the subject-matter of the enquiry and no charge-sheet was framed against him at the time. At Khargpur the petitioner was informed that the said enquiry was against four Railway servants including himself, in respect of certain stolen articles. The petitioner alleges that he was confronted by four persons and directed to cross-examine them. It appears that the Railway authorities obtained confidential information that certain Khargpur Guards would be carrying stolen articles which had been previously found missing on transit. Certain articles were apprehended in a brake van sometime in August 1950 and the enquiry was to find out the connection of four guards including the petitioner, with these goods. There took place, what is called a "









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