Majumder, J. : The appeal arising out of the judgment and order passed by the learned Court below on April 26, 1979 is at the instance of the writ petitioner. Before the determination of the issue involves in the appeal, it is appropriate for this Court to refer to the fact that on the prayer of Mr. Ajoy Kumar Bose, the learned Advocate for the respondents. The Court allowed the revisional Order dated 19. 12. 79 passed by the Chief Security Officer to be filed and treated as part of the record of the case.

2. The broad facts of the case are stated as follows :–

Shri Jogendra Chandra Das, (for short the appellant hereafter was served with the Memorandum dated May 16/19, 1973 together with statement of Charge and statement of imputation of misconduct. The said Memorandum was issued by the Asstt. Security Officer. The appellant was charged for serious neglect on duty that while on duty from 16 hours to 24 hours on June 17, 1972 along with Rakshak 1661 L. S. Lama in beat No. 29 outside Kharagpur Workshop he failed to prevent or detect removal of railway materials by a gang of criminals who removed railway materials from wagons which were drawn out from the Bhusi Gate for shunting