J P SINGH Vs. DIRECTOR GENERAL RAILWAY PRO

JUDGEMENT

(1.) This Writ Petition seeks the issuance of a certiorari quashing orders dated 01.01.2003, 31.07.2002, 24.11.2001 and 30.09.2001 passed by respondent Nos. 1, 2, 3 and 4 respectively and for a writ of mandamus directing the petitioner to be reinstated in service with all consequential benefits.

(2.) The facts are that the petitioner a Head Constable in 'C' Coy was arrayed on charges of: (i) misconduct and breach of discipline on 04.02.2001 at about 11.20 hours while 'A' Coy and 'C' Coy/ 5 BN were taking over and handing over, respectively the charges of duties and accommodation at BDTS, the petitioner threatened Sub Inspector B.L. Yadav and A.S. Pratap Chand of 'A' Coy that if they (i.e. of 'A' Coy) did not vacate the bogies for accommodation of 'C' Coy staff, he would set ablaze the bogies and (ii) the petitioner argued with IPF Suraj Bhan of 'C'Coy /5BN/RPSF about the issue of accommodation and violently pressed his right hand on the throat of Shri Suraj Bhan who was lying on a cot and pushed him down from the cot by lifting the cot and threatened the IPF of dire consequences if he lodged any Diary Entry in this regard.

(3.) After recording of evidence of the prosecution and the defence in a full fledged trial of the matter, on 21.06.2001 the petitioner was found guilty of both the charges. However, while meting out the punishment, a lenient view was taken vide order dated 30.09.2001 which included an opportunity to rectify himself and a reduction in rank from Head Constable to Constable for a period of three years with immediate effect and the suspension period was treated as suspension only.