SHER BAHADUR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) There are two petitioners in this petition; viz, Sher Bahadur Singh and India Deo Ojha The petitioners we're appointed as watchmen in the Watch and Ward Department of the East Indian Railways. Subsequently, on the enforcement of the Railway Protection Force Act, 1957 , they were appointed to the Railway Protection Force. This was done by means of a notification issued in the Gazette of India dated September 10, 1959. This notification was issued under the Authority of the Central Government which framed the Railway Protection Force Rules, 1959, CI. (3) of the Gazette Notification provided for the initial appointments to the force. It runs as follows: "Appointment to the force: The superior officers and members of the Railway Protection Force who. at the commencement of the Act, were holding the posts specified in column I of the table below are hereby appointed to the posts specified in the corresponding entry in column 2 of the said table in the Railway Protection Force constituted under S. 3 of the Act. Table Existing post in the Railway Protection Force. Corresponding post under Railway Protection Force Act. (1) (2) Inspector General. Chief Security Officer. Security Officer. Assistant Security Offcer. Inspector. Sob-Inspector. Subedar. Haviidar. Naik/Seal Checker. Sainik. Inspector General. Chief Security Officer. Security Officer. Assistant Security Officer. Inspector. Sub-Inspector. Assistant Sub-Inspector. Head Rakshak. Senior Rakshak. Rakshak. and each will be the immediate superior in rank -to the one mentioned next below.'

(2.) Petitioner No. 1 was selected for appointment as an Assistant Sub-Inspector in the year 1968 and was promoted as such by an order No. 11 dated 5-4-1968 with effect from 20-4-1968." Petitioner No. 2 was confirmed as a Haviidar in the Railway Protection Force by an order dated 29-9-1957 with effect from 10-7-1956 and he was selected for appointment as an Assistant Sub-Inspector in the year 1964. The order for promotion of petitioner No. 2 as an Assistant Sub-Inspeetor was issued on 11-2-1964.

(3.) It appears that on 20-7-1970 two persons were arrested with stolen property. In that connection the authorities received some complaints against the petitioners, Mr. Khurana the Circle Inspector, Northern Railway Kanpur was appointed to conduct a preliminary Inquiry into the matter. He conducted this inquiry and thereafter submitted a report. On the basis of the said report the Assistant Security Officer, Allahabad suspended the petitioners.-. According to the counter affidavit filed by Sri Har Bilas Rai on behalf of the respondents the Assistant Security Officer was competent to issue a charge sheet to the petitioners who were Assistant Sub-Inspectors under R. 44 of the Railway Protection Force Rules, hut he was not competent to impose a penalty and, hence, the Assistant Security Officer has issued a charge sheet under R. 44 of. the said Rules. Later, the Security Officer appointed, the Assistant Security Officer as an Enquiry Officer to conduct the inquiry also. The order of the Assistant Security Officer about the appointment of the Assistant Security Officer as the Enquiry Officer was given on 20th September. 1972, and a copy was issued to each of the petitioners. The charge sheets to the petitioners were issued on 25-8-1970.