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Issues Involved: Jurisdiction of the Court, Validity of Charge-Sheet, Enquiry Report, Show Cause Notice, Principles of Natural Justice, Authority of Disciplinary Actions, Compliance with Railway Services Discipline and Appeal Rules 1968, Article 311 of the Constitution of India.
Issue-wise Detailed Analysis: 1. Jurisdiction of the Court: The primary issue was whether the Calcutta High Court had jurisdiction to hear the matter. The petitioner contended that since the General Manager of Eastern Railway, whose office is within the territorial jurisdiction of the Court, was a superior authority to those who passed the impugned orders, the Court had jurisdiction. The Court, however, held that no part of the cause of action arose within its jurisdiction as the impugned orders were passed by authorities outside its territorial jurisdiction. The Court referenced Article 226 of the Constitution of India and relevant case law, concluding that the location of the General Manager's office did not confer jurisdiction since no order was passed by him. 2. Validity of Charge-Sheet: The petitioner challenged the charge-sheet (Annexure 'B') on grounds that it was issued by an authority lower in rank than the appointing authority, violating the Railway Board's Circulars and the principles of natural justice. The petitioner argued that the Assistant Operating Superintendent, who issued the charge-sheet, was not his appointing authority and lacked the authority to issue a charge-sheet for a major penalty. 3. Enquiry Report: The enquiry report (Annexure 'G') concluded that the petitioner was responsible for the incident. The petitioner claimed the enquiry was conducted improperly and in violation of natural justice. Specific allegations included not being allowed to be present during witness examinations, the enquiry officer failing to have witnesses sign their evidence, and the enquiry officer being biased as he was involved in the fact-finding process. 4. Show Cause Notice: The show cause notice (Annexure 'H') was issued based on the findings of the enquiry report, asking the petitioner to show cause why he should not be removed from service. The petitioner argued that the entire proceeding was vitiated by bias and procedural irregularities. 5. Principles of Natural Justice: The petitioner contended that the entire proceedings violated principles of natural justice. Allegations included not being allowed to be present during the enquiry, not being provided with the private number sheet, and the enquiry officer's bias. The petitioner also argued that the enquiry and findings were vitiated as neither he nor his defence helper or the Enquiry Officer signed the evidence duly. 6. Authority of Disciplinary Actions: The petitioner argued that the Assistant Operating Superintendent, who issued the charge-sheet, was not his appointing authority and lacked the authority to issue a charge-sheet for a major penalty. This was claimed to be in contravention of the Railway Board's Circulars. 7. Compliance with Railway Services Discipline and Appeal Rules 1968: The petitioner contended that the charge-sheet, enquiry report, and show cause notice were in violation of the Railway Services Discipline and Appeal Rules 1968. The petitioner argued that the Assistant Operating Superintendent did not have the authority to issue the charge-sheet, and the enquiry was not conducted as per the rules. 8. Article 311 of the Constitution of India: The petitioner argued that the proceedings violated Article 311 of the Constitution of India, which provides protection to civil servants. The petitioner claimed that the charge-sheet and subsequent proceedings were not conducted by the appropriate authority and were thus unconstitutional. Conclusion: The Court held that it did not have jurisdiction to entertain the petition as no part of the cause of action arose within its territorial jurisdiction. The Court discharged the Rule on the preliminary point of jurisdiction without going into the merits of the case. The petitioner was advised that this would not prejudice him from approaching the appropriate forum for redressal of his grievances. The stay of operation of the order was refused.
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