UNION OF INDIA Vs. GANESH PANDEY

JUDGEMENT

(1.) The plaintiff was appointed as a "rakshak" on 22.10.1977 in the Railway Protection Force against a clear permanent vacancy. On 18.6.1981 a criminal case was registered against him, in which, it was alleged that the plaintiff had stolen two bags of fertilizer from the Railway wagon, which were recovered from his quarter. During the pendency of the criminal proceedings, the plaintiff was suspended and by an order dated 10.11.1981 passed by the Assistant Security Officer, Varanasi, the plaintiff was removed from the service w.e.f. 11.11.1981 under Rule 47 of the Railway Protection Force Rules, 1959 (hereinafter referred to as the Rules). The plaintiff filed a departmental appeal, which was rejected by the appellate authority on 3.2.1982. The plaintiff thereafter, filed a review petition, which was also rejected. The plaintiff, thereafter, served a notice Under Section 80, C.P.C. on 2.3.1984, which was duly served upon the defendant and after the expiry of the period of two months, filed a suit for a declaration praying that the order of removal dated 10.11,1981 from the service was illegal, arbitrary, void and without jurisdiction and that the plaintiff be declared to be in service and entitled to get the salary and allowances and all consequential benefits,

(2.) The plaintiff contended that the order of removal dated 10.11.1981 was in violation of Rule 47 of the Rules. The order of the Disciplinary Authority dispensing with the enquiry was illegal inasmuch as no reason for dispensing with the enquiry was recorded. The plaintiff further contended that the order of removal was violative of Articles 14, 16 and 311 of the Constitution of India.

(3.) It may be stated here that pursuant to the criminal case lodged against the plaintiff, the plaintiff was convicted, against which, the plaintiff filed a criminal appeal, which was allowed by the Sessions Judge vide judgment dated 26.10.1983 and the conviction was set aside and the plaintiff was acquitted from the charges framed against him.