BHISHAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The order passed by the Director General, Railway Protection Porce(hereinafter referred to as the appellate authority') on 8/12/1999, setting aside the order of compulsory retirement passed by the Chief Security Commissioner, Northern Railway (hereinafter referred to as the disciplinary authority') and directing the re-instatement of the petitioner in service is impugned in this petition under Article 226 of the Constitution of India to the, extent that the option given to the disciplinary authority to order a fresh enquiry and take further action as deemed appropriate is beyond the jurisdiction of the Appellate Authority. Consequently the order passed by the disciplinary authority on 14/12/1999, directing fresh enquiry by the Senior Security Commissioner, Railway Protection Force, Delhi is also called into question.

(2.) Shorn of unnecessary details, the material facts relevant for the present petition are that the petitioner is an Inspector in the Railway Protection Force. A private complaint was lodged against him by one Ms.Santosh Bhushan, levelling certain allegations. Taking cognizance of the complaint, the disciplinary authority endorsed the complaint for enquiry to Assistant Security Commissioner(Crime). The Enquiry Officer submitted the report against the petitioner. Accepting the report of the Enquiry Officer, the disciplinary authority held that the charges against the petitioner were of serious nature, which had tarnished the image of the Force and, therefore, it warranted deterrent disciplinary action. He, therefore, directed compulsory retirement of the petitioner from service with immediate effect.

(3.) The petitioner filed a statutory appeal against the said order. One of the grounds urged in the appeal was with regard to the competency of the Enquiry Officer to conduct the preliminary enquiry. Allowing the appeal of the petitioner on the said technical objection raised by him, the Appellate Authority passed the following order;