M.N.ROY
ABDUL KAFI KHAN – Appellant
Versus
UNION OF INDIA – Respondent
( 1 ) IN this Rule, the petitioner has impeached the charge-sheet in Annexure 'b', the enquiry report in Annexure 'g' and the show cause notice in Annexure 'h', contending them to be bad, illegal, improper and issued in violation of principles of natural justice apart from contending that they were also in contravention of Railway Services Discipline and Appeal Rules 1968 (hereinafter referred to as the said Rules) and also of Article311 of the Constitution of India.
( 2 ) THE petitioner has stated to have been appointed by the Divisional Superintendent, Eastern Railway respondent No. 3 on 23rd Jan. 1959 and at the time material to the issue of the Rule, he was working as a Switchman at Kechki in Bihar. He has also claimed to be permanent Class III staff. It appears that on 10th March 1974 Up Barwadih-Dehri-on-Sone-Mughalsarai Passenger, the driver of which was one Shri Musafit and Shri N. K. Pandey, was the guard, left Mangra Station and reached up Loop Line at Kechki at about 9. 10 a. m. It has been stated that because of a fault at the relevant time in the overhead line, token less working between stations from Mangra and Chianki was suspended and paper line clea
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