SAHIB SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner who retired from the Railway Protection Force on 30th April 2017 seeks a direction to the Respondents to treat the period of suspension of the Petitioner from 20th September, 1984 to 24th August, 1994 as period spent on duty; calculate the retiral benefits of the Petitioner including the last drawn salary on that basis and release his Death Cum Retirement Gratuity ("DCRG") in the sum of Rs.5,94,000/- stated to have been withheld by the Respondents.

(2.) The background facts are that the Petitioner was appointed as Rakshak (later re-designated as Constable) in the Railway Protection Force (RPF) on 28th July, 1977.

(3.) In 1984 the Petitioner, along with six other employees, was arrested under the Railway Property (Unlawful Possession) Act, 1966 ["RP (UP) Act"] and the Petitioner was placed under suspension on 20th September 1984. He was issued a major penalty charge-sheet and after completing proceedings as per the Discipline and Appeal ("D&A") Rules and Regulations, he was removed from service by the Disciplinary Authority ("DA") by an order dated 12th April, 1990.