S PITCHAI NAMASSIVAYAM Vs. DIVISIONAL SECURITY COMMISSIONER

JUDGEMENT

(1.) THIS appeal is filed by the writ petitioner against the order, dated 21. 09. 2000, made in W. P. No. 11687 of 1993, wherein his prayer for reinstatement into service was rejected.

(2.) ACCORDING to the appellant, he joined Railway protection Force (RPF) as a Constable in the year 1963; he was promoted as Assistant Sub-Inspector of RPF (ASIRPF) in the year 1984 and posted at Coimbatore Railway Junction, under the control of one Govindarajan, Inspector of RPF. One krishnamoorthy was the Sub-Inspector of RPF and another krishnamoorthy was the Head Constable of R. P. F. , attached to special Intelligence Wing; that there were numerous anonymous petitions against the said Govindarajan, regarding purchase of motorcycle without permission and construction of a building in his native place and there were other complaints also to the effect that he used to consume liquor with two Constables at Guru Travels, Raja Travels etc. , at coimbatore; while so, Govindarajan smelt a rat on the appellant that anonymous complaints might have been shot at him, only at the behest of the appellant; hence, govindarajan threatened the appellant and was waiting for an opportunity to cook up a case against the appellant and to see that he would be sent out from service; in the backdrop of the above circumstances, the appellant was proceeded with the charges and the said Govindarajan was the mastermind for the false charges against the appellant.

(3.) THE allegations against the appellant go thus : on 29. 12. 1991, from 08. 00 hours onwards, the appellant was on duty. At 14. 00 hours, some outsiders brought in a lorry bearing registration No. MDB 2569 and parked the same near Foot Over Bridge on a road leading to telephone exchange near RPF Post. The individuals, who alighted from the lorry had a talk with one Ramasamy, who was a Watchman, appointed by the contractor, to safeguard the stores in the Railway Junction. About 3000 old released railway tiles were stacked in the store, which were under the custody of Ramasamy. After a conversation with the said ramasamy, the occupants of the lorry loaded about 2000 such tiles kept in the store and the lorry was about to leave the spot. At that point of time, the appellant came to the place and asked Ramasamy about his authority for removal of the railway property. The Watchman was brought to RPF Post by the appellant, for further interrogation. The Watchman promised and offered money to the appellant. He collected a sum of Rs. 900/- from the occupants of the lorry and paid rs. 750/- to the appellant, keeping the remaining amount with him. After collecting Rs. 750/-, the appellant allowed the vehicle to proceed with 2000 stolen railway tiles. One david, Supervisor of GS and Company, which is a Contractor, reported about the missing of 2000 railway tiles from the railway old retiring room. The said complaint was lodged with RPF Inspector on 03. 01. 1992.