RAILWAY PROTECTION FORCE Vs. B CHENNAIAH

JUDGEMENT

(1.) The present intra-Court Appeal is filed against the Order dtd. 4/1/2022 in W.P.No.30147 of 2012 in setting aside the order of removal of the writ petitioner and further directing the appellant state to impose punishment other than dismissal/removal/termination/compulsory retirement.

(2.) The Writ Petition was filed questioning the punishment of removal from service as confirmed in the departmental appeal.

(3.) The facts leading to the present Writ Appeal are as under:- The respondent/writ petitioner was appointed as a Constable in the Office of the 2nd respondent-Divisional Security Commissioner (SCR), Railway Protection Force on 9/8/1989. He was assigned the job of train escort duties. While so, on 24/5/2011 when the writ petitioner was on escort duty in Godavari Express, as the train was crowded with unreserved and unauthorized passengers, the writ petitioner was asking the unauthorized passengers to vacate themselves from the reserved Coach, for which T.T.E of the Coach took objection. At that juncture, some untoward incident is alleged to have happened between the writ petitioner and T.T.E. Thereafter, T.T.E lodged a complaint against the writ petitioner at GRP, Vijayawada. In that regard, the writ petitioner was issued draft Charge for his failure to inform the administration about the registration of criminal case against him and for the alleged misbehavior with on duty T.T.E on 24/5/2011 vide Proceedings dtd. 28/6/2011.