DAYASHANKAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) DAYASHANKAR Singh, Ramchandra Mourya, Kailash Meena and Bhiku Shripati Kanjale are the petitioners in these Writ Petition Nos. 1815 of 1985, 1574 of 1984, 1816 of 1986 and 1779 of 1985 respectively. These petitioners were appointed as Rakshaks in the Railway Protection Force some time during the period 1965 to 1971. At the material time, these petitioners were working as Rakshaks with the Western Railway.

(2.) DAYASHANKAR Singh was at the material time, assigned the duty of guarding Mahalaxmi Yard which is a property belonging to the Western Railway. Mahalaxmi Yard adjoins a siding known as Kachra siding where railway coaches which are scrapped are stored. Kailash Meena and Ramchandra Mourya were, at the material time, assigned the duty of guarding the coaches in Kachra siding. Mahalaxmi Yard is surrounded by high walls and wire fencing on all sides. The entrance to Mahalaxmi Yard is only through the main gate. The duty of guarding the main gate at the material time was assigned to Bhiku Shripati Kenjale.

(3.) ON 27th September, 1982 Senior Rakshak Putlaji had taken around of the Mahalaxmi Yard and had not noticed anything unusual. On the morning of 28th September, 1982 however, when he took a casual check of Mahalaxmi Yard he found some disturbance in the grass. On closer inspection he found that there was some property hidden in the grass which was covered by freshly cut grass. Thereupon at about 9 OClock in the morning of 28th September, 1982 he informed Assistant sub-Inspector DSouza about this discovery. DSouza inspected Mahalaxmi Yard along with Senior Rakshak Putlaji Yadav and saw the property lying in the grass. He instructed Head Rakshak Harisingh to keep a watch on the property because he had found the property in the railway premises and he had not received any memo from anywhere regarding shortage or theft of any property. Harisingh, in turn, informed Head Rakshak Ram Briskh Ram about this at the time of relinquishing his charge when his duty time was over.