RAM NIWAS Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The two petitioners in their aforementioned respective petitions under Article 226 of the Constitution of India have challenged the validity of Order of Suspension dtd. 7/9/1998 and the Order of removal from service dtd. 8/9/1998 and the subsequent Orders dtd. 18/10/2004 and the Order dtd. 17/10/2005 dismissing the Appeal and the Review petition.

(2.) The petitioner Ram Niwas joined as Constable in the Railway Protection Force (hereinafter referred to as "R.P.F") in the year 1985, and petitioner Raj Singh (in the Writ Petition no. 8141/2010) was inducted in RPF on 28/11/1975. Both the petitioners were performing their duties at Tuglakabad railway station since May-June, 1997.

(3.) On 6/9/1998, the two petitioners along with Prem Chand were arrested in case FIR No. 35/98 under Sec. 7, 8 and 13 of the Prevention of Corruption Act, 1988 (PC Act) by Anti-Corruption Branch, Delhi. Ram Niwas and Raj Singh were both put under suspension on 7/9/1998. Departmental Enquiry was conducted by Inspector, R.P.F Post Hazrat Nizamuddin, Delhi. The petitioners have claimed that no impartial Departmental Enquiry was conducted and it was not in accordance with the Rules and Regulations. The petitioners were not given any opportunity to defend themselves. Also, no evidence came against the petitioners in the Departmental Enquiry despite which penalty of removal from service was awarded under the signatures of Divisional Security Commissioner, R.P.F, Northern Railway, Panchukian Road, New Delhi vide Order dtd. 6/11/2003.