MAHABIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By these two writ petitions under Article 226 of the Constitution of India, the petitioners seek stay of the disciplinary proceedings initiated against them by virtue of two sets of memorandums, both dated 15/11/2000, till the trial in criminal cases lodged against them is completed.

(2.) Since the cases are interconnected and arise out of the same incident, resulting in the said proceedings against the petitioners, with the consent of counsel for the parties, both the cases are being disposed of finally by this common order.

(3.) Petitioner Mahabir Singh (in CWP 7572/00) was posted as Head Constable in Railway Protection Force (for short 'the RPF') and petitioner Ishwar Singh (in CWP 7601/00) was posted as Constable in the same Force at Ghaziabad post. The allegation against both is that though belonging to the RPF, on 3/02/1999, they impersonated as belonging to the Government Railway Police staff and extorted Rs.70.00 as illegal gratification and misappropriated certain belongings of a railway passenger at the Old Delhi Railway Station. They were apprehended by the local police personnel at the platform and an FIR was registered against them for committing an offence under Section 384/34 Indian Penal Code, 1860. A challan was filed against both of them and they are facing trial in the criminal case.