RAM SUKH MISRA Vs. DEPUTY CHIEF SECURITY OFFICER

JUDGEMENT

(1.) THE Petitioner, who was appointed as Rakshak on 3rd November, 1965 in the Railway Protection Force, Northern Railway, was removed from service vide order dated 10th October, 1975, a copy of which is Annexure -8 to the writ petition. This order was passed by Sri. S.N. Singh, Security Officer, Northern Railway, Lucknow. The Petitioner filed an appeal before the Chief Security Officer which was rejected by the Deputy Chief Security Officer vide Annexure -10. The order of removal was passed against the Petitioner on a disciplinary proceeding initiated against him. The Petitioner contends that the proceeding initiated against him by Annexure -1 and culminated by order Annexure -8 and ultimately by Annexure -10 was without jurisdiction and should, therefore, be quashed.

(2.) THE petition has been opposed.

(3.) THE principal question for consideration, therefore is as to who was the appointing authority of the Petitioner. In order to ascertain this fact we asked the learned Counsel for the Union of India to produce before us the initial letter of appointment of the Petitioner as Rakshak. Sri. Robin Mitra has produced before us the personal file of the Petitioner maintained by the office of the Union of India. There is no specific letter of appointment as such issued to the Petitioner but there is an agreement purporting to have been executed by the President of India on the one hand and the Petitioner on the other. paragraph 2 of the said agreement being relevant is quoted below: