BASHA SHAIK Vs. RAILWAY BOARD

JUDGEMENT

(1.) Challenging the order of dismissal from service passed by the Senior Divisional Security Commissioner, Railway Protection Force, Chennai/4th respondent, vide Penalty Advice No.M/XP/227/ 3/2004, dated 12.10.2004, confirmed by the Chief Security Commissioner, Railway Protection Force, Chennai/3rd respondent by his proceedings dated 28.02.2005, and further confirmed by the Director of General, Railway Protection Force, Railway Board, New Delhi/2nd respondent in his No.2005/SEC(E)/DAR-2/9, dated 07.06.2005, the petitioner has filed this instant Writ Petition. Brief facts leading in the instant petition are as follows:-

(2.) The petitioner was appointed as Constable in the Railway Protection Force, with effect from December, 1999. He applied for Casual Leave on 20.04.2004 and 21.04.2004, which was sanctioned. He was entitled the weekly rest on 22.04.2004. When he was to join duty on 23.04.2004, his mother was seriously ill and he sent a telegram on the same day to the Assistant Sub-Inspector, Railway Protection Force, Salt Contours, Chennai, seeking for leave. It is stated by him that his mother was continuously ill for about 60 days. The petitioner states that a charge sheet was issued to him under Rule 153 of Railway Protection Force Rules, 1987, vide No.M/XP227/9/04, dated 03.06.2004 framing the following charge:-

(3.) Explanation was given by the petitioner and the petitioner permitted to join duty on 25.06.2004. The Inspector, Railway Protection Force, Gummidipoondi, conducted a domestic enquiry based on the charge sheet dated 03.06.2004. The Enquiry Officer submitted his report held that charge of unauthorised absence from service was proved. Based on the said report, the disciplinary authority viz., the Senior Divisional Security Commissioner, Railway Protection Force, Chennai, has passed an order dated 12.10.2004 vide Penalty Advice No.M/XP227/9/04 removing the petitioner from service.