DEVENDER KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has approached this Court under Article 226 of the Constitution of India, assailing the Order dtd. 3/8/2021 passed by the Disciplinary Authority, whereby a penalty of 'compulsory retirement from Service' was imposed on the petitioner, and the subsequent Orders dtd. 17/3/2022 and 14/10/2022 passed by the Appellate Authority and the Revisional Authority respectively, which upheld the penalty.

(2.) Briefly stated, the facts giving rise to the present petition are that the petitioner joined the Railway Protection Force (RPF) as a Constable on 10/5/1998 and was posted at Delhi. Thereafter, he was promoted to the post of Head Constable and was posted at Ambala Cantonment (Cantt.) Station, where he joined on 15/2/2019. On 23/3/2021, the petitioner was deployed in the shift beginning from 1600 hours to 2400 hours at the RPF Post, Ambala Cantt., however, he reported on duty at 1730 hours instead of 1600 hours and misbehaved with his senior officers and staff. Based on this incident, the petitioner was placed under suspension, vide the Order No. 03/DAR/RPF/UMB/2021 dtd. 25/3/2021, with immediate effect, recording that the disciplinary proceedings were contemplated under Rule 134(a and b) of the Railway Protection Force Rules, 1987 (RPF Rules). Subsequent thereto, on 24/4/2021, the Order of suspension was revoked without prejudice to further action.

(3.) On the basis of a preliminary inquiry report, a Chargesheet under Rule 153 of the RPF Rules, was issued to the petitioner vide the Memorandum No. DAR-08/153/RPF/UMB/2021 dtd. 24/4/2021, wherein 5 Charges were levelled against him. The petitioner was also advised to take assistance of any member of the Force, of or below the rank of Sub Inspector (SI) as a 'Friend', in compliance with Rule 153.8 of the RPF Rules. Sh. Shyam Sunder was nominated by the petitioner as his 'friend'. Sh. Rajesh Kumar, Inspector, PF Rajpura was nominated as the Inquiry Officer (IO), and the date of inquiry was fixed as 27/4/2021.