BASUDEO SHUKLA Vs. SECURITY OFFICER AND OTHERS

JUDGEMENT

(1.) HEARD Shri K.P. Agrawal for the petitioner in Writ Petition No. 14190 of 1982. Shri Lalji Sinha appears for the respondents. We have heard the same parties in the pending and connected Special Appeal.

(2.) THE Special Appeal was dismissed on 1.4.2004 for want of prosecution. It was restored on 13.8.2004. It was again dismissed for non-prosecution on 8.9.2006 and was restored on 5.1.2007.

(3.) SHRI Basudeo Shukla, the writ petitioner served as a Constable (Rakshak) in the Railway Protection Force (RPF). His service conditions are regulated by the Railway Protection Force Act, 1957. When he was posted at Mughal Sarai, eight bags of wheat were recovered from west end of the Down Marshalling Yard by Shri W.A. Khan during the duty hours of the petitioner in the shift 8.00 to 16.00 hrs. in Down Receiving Yard at Gaya. Shri Khan suspected that the bags were part of the consignment of Wagon No. NR/Box 84350, Ex-Faridkot to Kalyani. The petitioner was suspected to be involved in the alleged recovery of the wheat bags. A first information report was lodged against him and two other Rakshaks namely Shri Satram Missirand Shri Sheo Kumar Upadhyay. The petitioner was suspended from active duties on 25.2.1982. He, however, was not issued any charge sheet, nor given any opportunity of hearing to defend himself either before the suspension order or before lodging the FIR. An order dated 14.5.1982 (No. 212 of 1982) was passed in exercise of powers under Rule 47 of the Railway Protection Force Rules, 1959 (Rules of 1959), by the Asstt. Security Officer, RPF, Eastern Railway, Mughal Sarai dismissing him from service without holding a departmental enquiry.