K CHANDRESEKARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE orders under challenge in this writ petition are the one passed by the 4th respondent on 13.12,1982, confirmed by the 3rd respondent on 6.4.1983 and further confirmed by the 2nd respondent in his order dated ,received by the petitioner on 2.5.1984.

(2.) THE petitioner was working as Rakshak in the Railway Protection Force when he was suspended by an order dated 1.3.1982. THE suspension order was followed by a charge memo dated 10.3.1982 issued under Rule 44 of the Railway Protection Force Rules, 1959 (hereinafter called 'the Rules'). THE petitioner submitted his explanation on 22.4.1982. THE disciplinary authority himself (Asst. Security Officer) functioned as Enquiry Officer and after completing the enquiry, a provisional conclusion was reached by him and on the basis of that conclusion, a second show cause notice was issued under Rule 44(10) (2) of the Rules proposing a punishment of reduction of petitioner's pay by two stages for a period of one year. THE petitioner submitted his explanation on 5.6.1982. Not accepting the explanation, the Disciplinary Authority confirmed the penality proposed by order dated 14.6.1982. That order was received by the petitioner on 17.8.1982.

(3.) AGGRIEVED by the order of removal, the petitioner preferred appeal as directed in the order of the 4th respondent and the 3rd respondent also confirmed the order of removal in his order dated 6.4.1983. further revision to the 2nd respondent also met with the same result. Hence the present writ petition.