ASI JAI BHAGWAN Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) By this writ petition, the petitioner has assailed the order dated 17th August, 2009 passed by the disciplinary authority dismissing the petitioner's application praying for keeping the disciplinary proceedings against him in abeyance on the ground that the petitioner stood implicated in a criminal prosecution. The petitioner also prayed for a direction to keep in abeyance the departmental enquiry proceedings till final disposal of his criminal prosecution.

(2.) The petitioner was appointed on 21st June, 1973 as a constable of the Railway Protection Force, in which post he was serving on all relevant dates. It has been submitted in the writ petition that the petitioner was trapped in a case while he was posted as an Asst. Sub Inspector with the Railway Protection Force at Nizamuddin Station, which resulted in the registration of FIR No. 44/2007 dated 18th September, 2007 under Section 7/13 of the Prevention of Corruption Act against him. The petitioner has contended that his implication was incorrect and the case against him was fabricated and concocted. It is an admitted position that the petitioner was placed in judicial custody on 23rd October, 2007 and was released on bail only on 2nd November, 2007.

(3.) By a memorandum dated 20th November, 2007, the respondents served the petitioner with the charge sheet on the basis of misconduct and absence from duty without due permission and proposed to conduct an enquiry against the petitioner under Rule 153 of the Railway Security Rules, 1987. The respondents enclosed the statement of charges on which the same was proposed as also the details of the allegations; list of documents and witnesses by whom the charges were proposed to be proved. The respondents have submitted that they were compelled to initiate the disciplinary proceedings against the petitioner.