AMARSINGH R Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, in this petition, is challenging the impugned order of removal from service dated 26.10.1988 passed by the Disciplinary Authority and the order dated 26.3.1993 passed by the Appellate Authority converting the order of removal into compulsory retirement as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India and for quashing and setting aside the same.

(2.) The petitioner at the relevant time, was serving as a Constable in Railway Protection Force under the Divisonal Security Commissioner, Rajkot, the respondent no. 2 herein. The petitioner was charge-sheeted for major penalty on 13.11.1987 for the following misconduct:

(3.) On 29.11.87, the petitioner filed a reply, inter alia pointing out that he became seriously sick around 6.00 O'clock and he was removed in a Rickshaw to a private doctor. On 22.8.87 when he joined the duty, he has not only produced the certificate of sickness issued by the private doctor, but the certificate of sickness issued by the Railway Medical Officer. Under the circumstances, the petitioner requested to drop the charges levelled against him. It appears that the departmental enquiry was commensed against the petitioner, wherein the witnesses were examined, however, since the petitioner did not remain present in the inquiry, the inquiry was concluded ex-parte. It is further the case of the petitioner that he was on leave as he has to attend his ailing daughter at Mumbai and, therefore, it was not possible for him to attend the inquiry. It appears that the Inquiry Officer submitted a report on 26.10.1988 holding that the charges levelled against the petitioner are proved. That the disciplinary authority, respondent no. 2 herein, while accepting the said inquiry report on 26.10.1988 passed an order removing the petitioner from service with immediate effect, Annexure-E to the petition. It appears that the petitioner instead of preferring an appeal before the Appellate Authority, filed a petition being Special Civil Application No. 2604 of 1989 in this Court. This Court on 9.2.1993 without entering into the merits of the case, relegated the petitioner to file appeal before the Appellate Authority and the Appellate Authority was directed to dispose of the appeal in accordance with law as expeditiously as possible preferably before 31.3.1993. The Appellate Authority, the Chief Security Commissioner, the respondent no. 3 herein, rejected the appeal preferred by the petitioner by confirming the finding recorded by the Disciplinary Authority. However, looking to the facts that the petitioner has put in 24 years of service, the order of removal from service was modified to a compulsory retirement from service from the date of original order of removal from service which will meet the ends of justice. The said order is at Annexure-B to the petition. As stated above, the petitioner has challenged the said orders Annexures-E and B, by way of this petition.