GOVINDBHAI N MAKWANA Vs. DIVISIONAL SECURITY

JUDGEMENT

(1.) . Heard the learned Advocates.

(2.) The petitioner before this Court is a former employee of the Western Railway and challenges the order dated 10th March, 1992 made by the Divisional Security Commissioner [R.P.F.], Vadodara, the respondent No. 1 herein and the Order dated 6th October, 1992 made by the Deputy Chief Security Commissioner, in appeal. The facts leading to the present petition are as under :-

(3.) In or around the year 1970, the petitioner was appointed as a Constable under the Railway Protection Force Act, 1957 in the Western Railway. On 6th July, 1991, disciplinary action was initiated against the petitioner by issuing a charge-sheet. It was alleged that on 11th January, 1991, while under sick list at M.A.L.B. at about 19-00 hours, the petitioner went to the Office in the drunken state and started abusing the Railway Protection Force staff and officers at the main gate. The constable on duty Jagdish Prasad who was on the main gate, objected, but the petitioner did not listen to him and continued to abuse R.P.F. staff and officers. In the meanwhile. Head Constable Bhoor Singh who was on general supervision duty reached the main gate and tried to pacify the petitioner, but instead of listening to him, the petitioner slapped the Head Constable three times on his face on the left side and gave him filthy abuses. The petitioner was thus charged for committing misconduct of acting in a manner unbecoming of a member of the Armed Force and in indisciplined manner. After holding due inquiry, the imputation of charge made against the petitioner was held to be proved. By impugned order dated 10th March, 1992, the disciplinary authority removed the petitioner from service. Feeling aggrieved, the petitioner preferred departmental appeal which was dismissed by the appellate authority on 6th October, 1992. Feeling aggrieved, the petitioner has preferred the present petition.