THE Government's top rail advisor has been summonsed to appear in court following an alleged altercation on a train involving a GNER member of staff.

Dr Mike Mitchell, who is director general of railways at the Department for Transport (DfT), is accused of common assault and a by-law offence of unacceptable behaviour on the railway.

The 56-year-old, a father of two, had been questioned by the British Transport Police after a complaint from the unnamed male member of staff.

It has been alleged he was verbally abusive during the incident, which took place near Peterborough on a GNER express train from London Kings Cross to Newcastle.

Last night, a spokesman for the DfT said it was making no comment on behalf of Dr Mitchell.

John Gelson, a spokesman for GNER, declined to give any further details of the incident and said it was inappropriate for the York-based firm to comment.

Dr Mitchell, a former UK chief operating officer with First Group, effectively oversees the country's rail network with the DfT, having taken over control of the railways from the former Strategic Rail Authority.

He was handed a three-year contract by Alistair Darling, Secretary of State for Transport, and took up his post in May.

Dr Mitchell has been summonsed to appear at Peterborough Magistrates' Court, on January 9, said the British Transport Police.