RAM SAMUJH MAURYA Vs. DIRECTOR GENERAL

JUDGEMENT

(1.) The petitioner, a Naik in Railway Protection (Special) Force, has preferred this writ petition seeking issuance of writ of certiorari quashing the order of his dismissal dated 26th March, 1990, as well as orders dated 04th February, 1991 and 12th June, 1991, whereby his appeal and revision also came to be rejected.

(2.) The essential facts are that the petitioner was initially appointed on 11th May, 1969 as a Constable in Railway Protection (Special) Force. From the records it appears that before imposition of major punishment of dismissal from service in the year 1990, there was nothing adverse against the petitioner in his service record of more than 20 years.

(3.) On 29th September, 1989 the petitioner, who at that time was posted as Naik, along with four Constables, two other Naiks and one Head Constable was posted at Butare Railway Station, where the petitioner was on Sentry duty. On the said date, petitioner's duty was between 19.00 hours to 20.00 hours at Butare Camp and 20.00 hours to 22.00 hours at the East and West side of the Platform. At the platform of Butare Railway Station, food-grains were being loaded on a special goods train, for which large number of labourers were engaged. At about 8.30 P.M. about 5-6 persons, who were in the disguise of labourers, came at the platform and they were followed by another 7-8 persons, who were also in the similar dress. It is admitted case that at that point of time loading of food-grain on the special train was in progress. It is stated that all of a sudden, 5-6 persons, who were dressed as labourers but were terrorists, attacked the petitioner and after overpowering him snatched his rifle at the gun point. All the terrorists were armed with AK-47 Rifles and revolvers, which they had concealed under their dress. Another 7-8 terrorists entered the guardroom and took away the weapons therefrom. It is pertinent to note that at the guardroom, there were two other Constables, who were present, namely, Constable Shyam Prakash Thakur and Ex. Naik Bhagirath.