THE UNION OF INDIA Vs. RAM SAGAR TIWARI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 24 December 1997 made by the City Civil Court at Mumbai in S.C. Suit No. 926 of 1984 instituted by the respondent (original plaintiff) against the appellant (original defendant). The operative portion of the impugned judgment and decree, reads thus :

(2.) The respondent was appointed as a Rakshak in the Railway Protection Force (RPF) on 20 April 1964. On 16 October 1979, the respondent who had served to the RPF for over 15 years, was served with a charge sheet alleging his involvement in a misconduct involving moral turpitude. The charge was that the respondent did not report for duty at the designated duty post on 2 October 1976 and further, the respondent could not give details of his whereabout satisfactorily from 22.45 hrs. to 23.45 hrs. on 2/3 October 1976, although, on these dates, the respondent attended the duty mounting parade.

(3.) A departmental enquiry was held in the matter and the enquiry officer in his report held that the charge levelled against the respondent stands proved. Based upon such report, the Assistant Security Officer of RPF by order dated 17 July 1981 concluded the respondent was not a fit person to be retained with the RPF and ordered his removal. The appellant's appeal to the security Officer (RPF) was dismissed by order dated 19 October 1981. Aggrieved by such order, the respondent instituted S.C. Suit No. 926 of 1984, which has since been decreed by the impugned judgment and order. Hence, the present appeal.