T KUMARAVEL Vs. RAILWAY PROTECTION FORCE

JUDGEMENT

(1.) This writ petition has been filed challenging the order of suspension as well as the charge memo issued against the petitioner for the alleged offence committed by him while he is in service under the respondents.

(2.) The case of the petitioner is that he had filed an appeal against the order of suspension but the said appeal has not been disposed of. The other points taken by the petitioner is that the Enquiry Officer has no power to conduct the enquiry and the Enquiry Officer has not followed the due process of law and the petitioner was not given due opportunity to prove his case.

(3.) In respect of the first point as per Rule 211 of the Railways Protection Force Act, an enrolled member of a Force may appeal against the order of suspension to the authority which may or is deemed to have made the order is immediately subordinate. The correctness of the order of the suspension is seized by the Appellate Authority and the Appellate Authority has to pass the order. The 2nd respondent is hereby directed to dispose of the appeal in accordance with law within a period of three months from the date of receipt of a copy of the order. The other conditions that failure on the part of the Enquiry Officer to give reasonable opportunity are all matters which cannot now be taken into consideration to quash the charge memo. The petitioner is directed to co-operate with the respondents so as to have the enquiry completed within a period of three months from the date of receipt of a copy of the order. With the above observation, the writ petition is disposed of. No costs. Consequently, W.P.M.P.No.6548 of 2004 is closed.