THE country's rail tsar is facing criminal prosecution after allegations that he threatened and verbally abused a GNER worker on a train.

Mike Mitchell, director general of railways at the Department of Transport, was interviewed by British Transport Police after a complaint was made about the incident, which happened on board a GNER express from London King's Cross to Newcastle.

A file has been sent to the Crown Prosecution Service (CPS), which has advised police on whether a criminal prosecution can be brought against the 56-year-old.

The CPS and police declined to comment on the outcome while Mr Mitchell is out of the country on holiday.

A police spokesman said: "We have received advice from the CPS, but cannot communicate this until we have contacted the parties involved."

Meanwhile, York-based GNER declined to give any details of the alleged incident, which involved a male member of staff.

A spokesman said: "GNER takes all necessary steps to protect its staff from any form of verbal or physical abuse as they go about their duties."

Mr Mitchell, a former UK chief operating officer with First Group, is boss of the rail division of the Department for Transport, which has taken overall control of the country's rail network from the now defunct Strategic Rail Authority.

The married father-of-two, who also worked for British Rail for 16 years, was given a three-year contract by Alistair Darling, Secretary of State for Transport, and took up the post in May.

However, his appointment was not univerally welcomed, with some critics claiming he had developed a reputation as a "cost-cutter" during his time in the rail industry.