BABU KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner assails the disciplinary proceedings conducted against him pursuant to the chargesheet dated 30 th September, 2009; inquiry report dated 6th February, 2010 and; the order dated 10th August, 2010 of the disciplinary authority agreeing with the recommendations of the inquiry officer and holding that the petitioner was guilty of the charge and imposing the penalty of compulsory retirement upon him. The writ petitioner also assails the order dated 28th September, 2010 passed by the DIG, Railway Protection Special Force whereby the petitioner's appeal was dismissed, as well as order dated 18th March, 2010 passed by the Senior Commanding Officer dismissing the revision petition filed by the petitioner.

(2.) The undisputed facts giving rise to the present writ petition are briefly stated hereafter.

(3.) The petitioner was appointed on the 27th of September 1996 as a Constable in the Railway Protection Special Force ("RPSF" for brevity) and was posted at different places thereafter. The petitioner has claimed that he was suffering from behavioural disorder and had applied for transfer on recommendation of doctors. Yet he was transferred to different places in Orissa, Maharashtra, Punjab, etc. The petitioner was also treated over this period at various Railway hospitals. On the 14th of September 2009, the petitioner was sent to the 6 th Battalion Dayabasti to undertake the punishment of extra fatigue duty.