DINESH KUMAR SON OF SHEO BALAK RAO Vs. UNIION OF INDIA, THROUGH DIVISIONAL RAILWAY MANAGER; ASSISTANT SECURITY COMMISSIONER, RAILWAY PROTECTION FORCE; DIVISIONAL SECURITY COMMISSIONER, RAILWAY PROTECTION FORCE AND ASSISTANT SECURITY OFFICER, RAILWAY PROTECTION FORCE

JUDGEMENT

(1.) Heard Sri Rajesh Nath Tripathi, learned Counsel for the petitioner and Sri Lal Ji Sinha, learned Counsel appearing for the respondents.

(2.) By this writ petition the petitioner has prayed for quashing the dismissal order dated 17th March, 1990 communicated by letter dated 28th December, 1991 and further to accord all benefit and privilege of continuity of service.

(3.) Brief facts necessary for deciding the writ petition are; the petitioner was working as Constable in the Railway Protection Force in the year 1989. The disciplinary authority initiated disciplinary proceedings against the petitioner in accordance with the provisions of Railway Protection Force Rules, 1987 by serving a charge sheet dated 1st January, 1990. The petitioner was charged of being absent from his post on 8th December, 1989 and of misbehaviour with H.C. Mishra, Sub Inspector at 13.25 hours and also of breaking the chair kept in the office. In particulars of charge it was stated that petitioner being under influence of liquor reached at Post Agra East at 13.25 hours where H.C. Mishra, Sub Inspector, Ram Swaroop, Hawaldar, Kartar Singh Constable and Bhagwan Sahai were present. The petitioner is alleged to have misbehaved and abused the Sub Inspector and broken the chair on which he was asked to sit. The entry of the said incident was made in the Roznamcha. The charge sheet mentioned the name of witnesses and the report of H.C. Mishra, Sub Inspector and other evidences were also mentioned in the charge sheet. The charge sheet was replied by the petitioner. The inquiry proceedings were held in which petitioner appeared on 23rd February, 1990. His statement was recorded. In his statement he admitted that he has received the charge sheet and has also received all the concerned papers in the charge sheet. He denied the charges. On a question put that whether he want to produce any witness in defence, he replied that if necessary he will give the names of such witnesses subsequently. He asked that one H.K. Singh be permitted to represent him in the inquiry. On 23rd February, 1990 the statements of Bhagwan Sahai, H.C. Mishra, Sub Inspector were recorded. All the witnesses were cross examined by the petitioner and his representative. No defence witness was examined by the petitioner. The Inquiry Officer found the charge proved on the basis of the evidence on record and returned finding of guilt. The Regional Security Commissioner passed an order on 22nd May, 1990 dismissing the petitioner from service. The disciplinary authority held that Constable misbehaved with the Sub Inspector which is a serious breach of indiscipline and to discourage such indiscipline conduct awarding of deterrent punishment is only solution. The petitioner filed an appeal against the said order which appeal has been dismissed by the order dated 13th December, 1990. This writ petition has been filed challenging the aforesaid two orders.