LAWS(BOM)-2023-8-548

SADANAND MISHRA Vs. UNION OF INDIA

Decided On August 02, 2023
SADANAND MISHRA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Petitioners are ex-Constables working in the Railway Protection Force (RPF), who are removed from service by order dtd. 1/1/1987 as a measure of punishment after initiation of disciplinary proceedings.

(2.) Both Petitioners claim that they were unaware of penalty orders of removal passed on 1/1/1987 and contend that the same were received by them on 26/9/2001. They accordingly filed appeals against the penalty orders. The Appellate Authority rejected the appeals by orders dtd. 11/3/2002. Accordingly, Petitioners have filed present Petitions challenging removal orders dtd. 1/1/1987 as well as orders passed by the Appellate Authority on 11/3/2002.

(3.) Facts in both the petitions appear to be similar. From pleadings filed by both the sides, the common facts in both petitions can be captured as follows. Petitioner in Writ Petition No.4557 of 2002 (Sadanand Mishra) was appointed on the post of Rakshak in RPF on 11/8/1970. Petitioner in Writ Petition No.4663 of 2002 (Sitla Prasad Shukla) was appointed as a Constable in RPF on 28/7/1977.