D N CHATURVEDI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, who had been working as Assistant Security Commissioner/Assistant Commandment with the Railway Protection Force (RPF) and retired on 31.12.2013, has questioned in this writ petition, the legality and validity of the order dated 30.06.2014 (Annexure -1) passed by the Director General/RPF in disposal of the legal objections against the charge -sheet dated 03.12.2013, served on the petitioner on 16.12.2013.

(2.) THE petitioner has been served with the charge -sheet aforesaid, essentially carrying the imputations of misuse of railway passes, as also of travelling with the family on the same railway pass twice. Apart from refuting the charges and maintaining that the allegations against him in the charge sheet pertain to the year 2008 and are obsolete, the petitioner is questioning the charge -sheet also on the ground that the Director General/RPF had no power/authority to institute the disciplinary proceedings by issuing charge -sheet against him under the Railway Servants (Discipline and Appeal ) Rules, 1968 (''the Rules of 1968') .

(3.) THE petitioner earlier filed a writ petition in this Court, being Writ Petition No. 5937 of 2014 against the charge sheet aforesaid. This Court disposed of the said writ petition by its order dated 29.01.2014 and, while leaving it open for the petitioner to raise all the legal objections in his reply to the charge sheet, directed the authority concerned to examine the objections raised and to decide the same by means of a reasoned order. This Court, inter -alia, observed and directed as under: