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1981 Supreme(Cal) 82

P.C.BOROOAH
Sadhan Chandra Ghosh – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
Samir Kumar Ghosh for the petitioner;
D.N. Das, B.S. Bagchi for the respondents.

ORDER

The petitioner Sadhan Chandra Ghosh was employed as a Power Supply Installation Fitter, at Adra under the South-Eastern Railway. By an Order dated 30.1.79 passed by Sri S, Sreerangam, Senior Divisional. Electrical Engineer (Traction), Adra, the petitioner was dismissed from Railway service with immediate effect in exercise of the powers conferred by Rule 14(ii) of the Railway Servants (Discipline and Appeal) Rules, 1968 (hereinafter 'the Rules'). A copy of this Order which is annexure A to the petition is the subject matter of challenge in this Rule.

2. It has been contended on behalf of the petitioner that the impugned order is liable to be set aside on two grounds, namely- (1) that the authority concerned in dismissing the petitioner from service by taking report to Rule 14(ii) of the Rules, has not recorded the reasons in the impugned Order as to why it was not practicable to hold an inquiry in the manner provided in the Rules, and (2) that the petitioner has not been afforded an opportunity of showing cause against the proposed punishment.

3. I have scrutinized the impugned order and Mr. D.N. Das, appearing on behalf of the Railway authorities, has produced the relevant serv












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