1. This second appeal arises out of the Judgment and Decree dated 17.08.2006 in A.S.No.471 of 2005 on the file of the Additional District Judge, Fast Track Court No. II, Chennai-1 confirming the Judgment and Decree dated 18.09.2003 in O.S.No.4075 of 1997 on the file of the learned XV Assistant Judge, City Civil Court, Chennai.

2. The averments made in the plaint are as follows:-

(i) The plaintiff entered service as Constable on 11.12.1980 in the Madurai Division of Southern Railway under the Direct Control of the Divisional Security Commissioner. While the plaintiff was working under the respondent, he was issued with the charge sheet dated 09.11.1994. The plaintiff was charged with four charges.

(ii) The first charge is that the plaintiff was unauthorizedly absent from duty on 26.08.1994, 13.09.1994, 08.10.1994, 11.10.1994, 31.10.1994 and 03.11.1994. The second charge was also part of the first charge. On the said charges, the respondent conducted an enquiry. The plaintiff gave a representation to the respondent asking for documents to disprove the charges which were in the custody of the respondent and also requested to conduct the enquiry is his mother tongue, i.e. Tamil.