UNION OF INDIA Vs. RAASBIHARI PANDEY

JUDGEMENT

(1.) This appeal has been preferred by the Respondents - Union of India and others under Sec. 2 (1) of the Chhattisgarh High Court (Appeal to the Division Bench) Act, 2006, questioning the legality and propriety of the order dtd. 8/9/2021 passed by the learned Single Judge in W.P.(S) No.466 of 2012, whereby the writ petitioner has been directed to be reinstated in service while setting aside the order of his removal compulsorily from service without pensionery cut passed in a departmental enquiry. The parties shall be referred hereinafter as per their descriptions mentioned before the Court of learned Single Judge.

(2.) The facts, which are essential for adjudication of this appeal, are that on 30/7/2009, the writ petitioner was called by his superior officer to his office to enquire from him about the incident which took place at Railway Protection Force (RPF) Office, Raipur with Division Loco Shed Staff and at that particular time, he was found to be in the stage of intoxication as he was not in a position to reply to the questions properly as put to him by his superior officer, i.e., Assistant Security Commissioner, Railway Protection Force, Raipur. The writ petitioner was, therefore, referred to the Railway Hospital, WRS Colony, Raipur for medical examination where it has been revealed on the basis of his blood sample report that he consumed alcohol. In view thereof, the writ petitioner was subjected to departmental enquiry by serving a charge-sheet upon him alleging therein that he was found intoxicated on 30/7/2009, on being called by the Assistant Security Commissioner in connection with the said incident, which occurred on 28/7/2009 as reflected from his blood sample report issued by the Assistant Chemical Analyzer, Regional Forensic Science Laboratory, State of Maharashtra, Nagpur. The act of the writ petitioner was in violation of the Rule 146.2(i), 146.4 and 147 (ix) of the Railway Protection Force Rules, 1987 (hereinafter referred to as the Rules of 1987) framed by the Central Government in exercise of the powers conferred by Sec. 21 of the Railway Protection Force Act, 1957 (hereinafter referred to as the Act of 1957), therefore, he was put in departmental enquiry. After conclusion of a departmental enquiry, he was found to be in the stage of intoxication, based upon the alleged medical examination report and in view thereof, he was directed to be removed from his service by the disciplinary authority vide order dtd. 31/3/2010 (Annexure P/5). Being aggrieved with the said order, an appeal was preferred by the writ petitioner before the appellate authority, who in turn, vide order dtd. 9/8/2010 (Annexure P/7), while allowing the same in part, has converted the order of removal from service to compulsory retirement without any pensionery cut, affirmed further by the revisional authority vide order dtd. 29/8/2011 (Annexure P/1) in a revision preferred by the writ petitioner.

(3.) Being aggrieved with the aforesaid order, a writ petition was filed by the writ petitioner before this Court and, the learned Single Judge, vide his order impugned, has observed at para - 13 as under :-