LAWS(APH)-2023-6-41

MADALA SRIDEVI Vs. UNION OF INDIA

Decided On June 15, 2023
Madala Sridevi Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Sri A.V. Pardhasaradhi, learned Counsel for the Writ Petitioner and Sri J.U.M.V. Prasad, learned Standing Counsel for the Central Government.

(2.) The present Writ Petition is filed by the Women Head Constable bearing No.500 working in the Railway Protection Force challenging the Appellate Proceedings bearing Force Order No.87/2021 dtd. 13/8/2021 passed by Respondent No.3 herein namely the Chief Security Commissioner, Railway Protection Force, South Central Railways, Secunderabad. By the Impugned Order, Respondent No.3 had modified the punishment of removal from service to that of compulsory retirement.

(3.) The case of the Writ Petitioner is that on 18/2/2021 at about 11.00 A.M, she has received a phone call from the Inspector/Post Commander to report immediately at Rayanapadu Post. Upon reporting, the Inspector/Post Commander had shown video clipping which is said to have been uploaded in Youtube about seven days ago, showing that the Writ Petitioner has demanded a bribe of Rs.200.00 from a lorry driver for allowing lorry inside the workshop and finally settled and accepted bribe amount of Rs.100.00 from the lorry driver. The said video clipping was confirmed by the statement of P.W.3, who was the truck driver who is alleged to have recorded the entire video. Charges were framed and enquiry was conducted. The Enquiry Report dtd. 16/4/2021 was forwarded to the Disciplinary Authority. After issuing Show Cause Notice, after considering the elaborate explanation of the Writ Petitioner, the Disciplinary Authority, by Proceedings bearing Divisional Order No.36/2021 dtd. 17/5/2021 imposed the punishment of removal from service.