SURYA MANI SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this common judgment and order, we propose to dispose of all these appeals as the issues raised are interconnected and similar.

(2.) The appellants herein were Constables (Rakshak) [one being Head Rakshak and the other two being Rakshaks] with the Railway Protection Force. One of the respondents herein namely Sub Inspector (Investigation), Railway Protection Force lodged a complaint in respect of theft of G.P. Sheets at Police Station Hirapur, Disrict Burdwan. A case was registered and thereafter the appellants were put under suspension. However, subsequently, the aforesaid order of suspension was revoked. After revocation of the aforesaid suspension order an order was passed by the respondents terminating the services of the appellants herein by exercising the power vested under Rule 47 of the Railway Protection Force Rules, 1959. The said order was passed on 5th February, 1981.

(3.) The aforesaid order came to be challenged by the appellants by filing a writ petition in the High Court which was registered as Civil Rules No. 1117W to 1119W of 1981. A learned Single Judge of the Calcutta High Court took up the aforesaid Writ Petitions for final hearing and by judgment and order dated 14th March, 1991 the said writ petitions were allowed and the impugned order of termination was set aside. The High Court also directed that the appellants should be reinstated in service and the period of suspension would be treated as the period spent on duty and that the appellants would be entitled to all service benefits excepting the arrears of salaries which the Court directed that they would receive only to the extent of 50 per cent of the arrears of salaries which would have been payable to them had they continued in service.