N H LAMANI Vs. CENTRAL GOVERNMENT

JUDGEMENT

(1.) Petitioner entered into service of the Railway Protection Force on 15-6-1970 as 'Rakshak', which is now re-designated as 'Constable of RPF'. Subsequently, he was promoted as Naik on 3-7-1986. He had put in around 15 years of service without any blemish and had earned some monetary awards and few merit certificates. While so, under Rule 153 of the Railway Protection Force Rules, 1987 (hereinafter referred to as 'the Rules'), a charge-memo was issued to the petitioner, which was received by him on 14-4-90. The charges are as under:

(2.) The Enquiry Officer found first part of charge No. 1 i.e., the petitioner assaulted the off-duty constable 758 D.S. Naik of Hubli post at about 22-30 hours (10-30 p.m.) on 15-3-1990, as not proved. However, the Enquiry Officer found that the later part of charge No.l, i.e., the petitioner with the help of four outsiders beat Constable 758 D.S. Naik near railway quarter No.477 and caused serious head injuries, was proved. The finding as regards charge No.2 is that pointing out a knife at D.S. Naik by the petitioner does not necessarily mean that he was trying to stab him and, therefore, that part of the charge was not proved. However, since the witnesses corroborated that the petitioner tried to hit D.S. Naik with rifle, it Was proved. As regards charge Nos.3 and 4 i.e., the arrest of the petitioner and violation of service rules, the Enquiry Officer found them as proved.

(3.) The entire controversy rests on two incidents - (i) the incident, which is said to have taken place on 15-3-1990 at about 10-30 p.m. near railway quarter No.477 in Cement Chawl, Hubli causing serious head injury to one D.S. Naik, Constable and (ii) the incident which is said to have taken place on 5-3-1990 at Miraj Pay Office resulting in assault on D.S. Naik by the petitioner with the help of a rifle and a knife. Consequent upon the incident of 15-3-1990, Keshwapur police arrested the petitioner and registered a case in Crime No.30/90 under Sections 324, 323, 504 read with Section 34 of the Indian Penal Code. Oncoming to know of this incident and also on coming to know that D.S. Naik was admitted in the hospital, the officials of the Railway Protection Force made investigation as to the circumstances leading to the incident and a report dated 7-4-90 was submitted by one L.N. Tahiliani, the then Inspector, RPF Post, Hubli, pursuant to which charges were framed against the petitioner. The Divisional Security Commissioner, RPF, the 4th respondent, initiated enquiry by appointing one Sunil Kumar Sinha, ASC/Hubli, who after due enquiry, held that the charges were 'proved more or less'. On the basis of the recommendation of the Enquiry Officer, the 4th respondent issued proceedings dated 11-9-1990 removing the petitioner from service with immediate effect. As against the above proceedings, the petitioner preferred an appeal to the Chief Security Commissioner, RPF, the 3rd respondent on 20-9-1990, which was also dismissed affirming the proceedings of the 4th respondent. As against the dismissal of the appeal, the matter was carried by way of a further appeal to the Director- General, RPF, the 2nd respondent, which was also dismissed by order dated 23-5-1991. It is the order dated 11-9-1990 of the 4th respondent removing the petitioner from service, as confirmed by respondents 2 and 3 in appeals, which is impugned in this writ petition.