MANIK S MALI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was working with the Railway Protection Force (for short, "RPF") as a constable. In this petition, he has prayed that the order of removal from service passed in appeal on 9-4-2007 and order dated 13-11-2007 passed in revision application be quashed and set aside.

(2.) Facts of the case must be stated in brief. The petitioner was deputed on escort duty on 27-2-2006 in Lokshakti Express Train from Ahmedabad to Bandra Terminus station along with other RPF members. As per the standing order issued by the Railway Board, it is mandatory upon each and every member of the escort party not to move alone with arms and only to remain in group while on train escort duty. The case of the respondents is that despite the mandatory direction issued by the Railway Board, the petitioner isolated himself from the escort group and boarded in Coach No. S-l of the train. One lady passenger by name Smt. Sherina Khatun was occupying the ticket conductor's seat in Coach No. S-l. At about 10.00 p.m. when the train reached Nadiyad, the petitioner went and sat next to her. He misbehaved and molested her. It appears that the passengers sitting in the compartment raised a hue and cry. They called the Government Railway Police. Government Railway Police arrived in Coach No. S-l. Smt. Sherina Khatun lodged her FIR at Nadiyad Police Station and offence under section 354 of the Indian Penal Code (for short, "the IPC") came to be registered against the petitioner.

(3.) A copy of the FIR translated in Hindi was supplied to the petitioner. The petitioner was immediately suspended. Departmental enquiry was initiated against the petitioner. The Enquiry Officer recorded the statements of witnesses and opportunity of hearing was given to the petitioner. Based on the report submitted by the Enquiry Officer, Senior Divisional Security Commissioner imposed the penalty of removal from service on the petitioner. The petitioner carried an appeal to the Senior Chief Security Commissioner. By an order dated 9-4-2007, the appeal came to be dismissed. The petitioner carried a revision to the Director General/RPF Railway Board. By order dated 13-11-2007, the Director General/RPF Railway Board dismissed the revision petition. Being aggrieved by this order, the petitioner has approached this Court.