SAHADEO SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The first and the third appellants and one Kirity Bhusan Pal while working as Rakshaks in the Railway Protection Force (RPF) were removed from the said service on the ground of serious misconduct and negligence of duty by the Assistant Security Officer, Eastern Railway, exercising the power conferred on him under Rule 47 of the Railway Protection Force Rules, 1959 (the Rules). While passing the said order, the said officer came to the conclusion that he was satisfied that no independent evidence will be available in the departmental enquiry against these appellants in view of the prevailing fear amongst the witnesses and it was not reasonably practicable to hold any fair inquiry, hence, dispensing with the requirement of holding an inquiry, he passed the said order of removal.

(2.) Brief facts necessary for disposal of this appeal are that these appellants when they were on duty as Rakshaks (Guards) of 733 UP goods train colluded with other officials in the said train and certain other miscreants by assisting them in the theft of large quantities of rice bags from the said goods train thereby causing huge loss to the Railways. The authorities after holding preliminary enquiries and considering the material gathered in the 3 reports received from such preliminary enquiries passed the impugned order. The appellants after exhausting the departmental remedies filed a writ petition before the High Court of Calcutta alleging various irregularities in the procedure adopted by the disciplinary authority and also contending that dispensation of the enquiry on the grounds recorded by the disciplinary authority was wholly unsustaina-ble and violative of their constitutional right of being afforded an opportunity of a fair enquiry.

(3.) The learned single Judge came to the conclusion that the disciplinary authority committed a serious error in dispensing with the enquiry on grounds which are not sufficient for the purpose of dispensation of enquiry, hence, the removal of the appellants was illegal, consequently, he allowed the said writ petition with a direction to reinstate the appellants with all consequential benefits.