RAJ DHARI SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petitioner was filed by late Raj Dhari Singh. During the pendency of the writ petition, he died and was substituted by his legal heirs and representatives. The present petitioners are sons of late Raj Dhari Singh.

(2.) THE facts of the case are that late Raj Dhari Singh was appointed as Rakshak in the Railway Protection Force on 10.9.1957. While he was member of the Railway Protection Force at Allahabad, he was served with a charge sheet dated 3.5.1975. The charge levelled against him was that he was found absent from duty in beat numbers 16 to 18 from 23.11.1974 to 25.11.1974. He was served with another charge sheet dated 21.10.1975. This time he was found absent from duty on 19.7.1975. Again, he was served with the charge sheet dated 22.5.1976 on the allegation that he was absent from duty from 31.1.1976 to 11.2.1976. After conclusion of departmental proceedings, late Raj Dhari Singh was dismissed from service vide impugned order dated 3.9.1976. The statutory appeal of the petitioner was also rejected vide impugned order dated 21.11.1979.

(3.) CONTENTION of counsel for the petitioner is that late Raj Dhari Singh was dismissed from service without having been heard. He urged that the order of dismissal was passed by the respondent No. 3 who was not empowered to pass such order.