RAASBIHARI PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein calls in question legality validity and correctness of the order dtd. 29/8/2011 (Annexure P­1) passed by respondent No.2/Revisional Authority affirming the appellate order dtd. 9/8/2010 (Annexure P­7) by which the appellate authority has converted the punishment of removal from service to compulsory retirement and thereby partly affirmed the order of the disciplinary authority dtd. 31/3/2010 by which the disciplinary authority has imposed punishment of removal from service.

(2.) The petitioner was subjected to departmental proceedings by serving charge­sheet that he was found intoxicated on 30/7/2009 on being called by the Assistant Safety Commissioner in connection with some incident on 28/7/2009 and at that time, the petitioner was found intoxicated in medical test conducted subsequently, which is in violation of Rule 146.2(i), 146.4 and 147(ix) of the Railway Protection Force Rules, 1987 (hereinafter called as 'Rules of 1987') and thereafter, on full­fledged enquiry conducted on alleged misconduct. On 31/3/2010 (Annexure P­5), order of removal from service was passed by the disciplinary authority finding that charge against him is found proved and established. On appeal being preferred by the petitioner, the appellate authority partly allowed the appeal and converted the order of removal from service to compulsory retirement. The revision preferred against the order of the appellate authority came to be dismissed by the revisional authority by the impugned order, as such, the petitioner has filed this writ petition against the order of the revisional authority affirming the order of the appellate authority partly modifying the order of the disciplinary authority as on date the petitioner stands punished by inflicting penalty of compulsory retirement.

(3.) Return has been filed by the respondents opposing the averments made in the writ petition stating inter­alia that looking to the misconduct committed by the petitioner, he has rightly been imposed punishment of compulsory retirement.