SATRAJ SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ in the nature of mandamus directing the respondents to reinstate him in service with full back wages from the date of his dismissal.

(2.) The petitioner was appointed as a Constable in Railway Protection Force (RPF) on 7.7.1980. While he was serving in Company No. 30, Muradabad attached with Crime Cell of DSC, Railway Protection Force Office, Muradabad, on 3rd December, 1984, on the complaint of one Ram Singh, Sub Inspector, Railway Security Force, a First Information Report (FIR)/complaint was registered against the petitioner, bearing No. 58/1984 under Section 323 IPC and under Sections 120 and 121, Indian Railway Act. The substance of the accusation was that the petitioner, under the influence of liquor, came to the office of the said Ram Singh, Sub Inspector and started abusing him, and when the complainant tried to prevent him, he opened his belt and hit the complainant on the head.

(3.) The petitioner was convicted under Section 323 IPC and Sections 120 and 121 of Indian Railway Act by the Judicial Railway Magistrate vide his judgment and order dated 8.12.1987 and sentenced to 2 months' rigorous imprisonment with penalty of Rs.50/-. In default of payment of penalty, 10 days more imprisonment was to be undergone. In respect of his conviction under Section 121, Railway Act, he was sentenced to one month"s rigorous imprisonment and a penalty of Rs.30/- was imposed, and in default, ordinary imprisonment of 7 days was to be undergone by him. Conviction under Section 120 of the Railways Act resulted in penalty of a sum of Rs.30/-, and in default 5 days imprisonment.