S A BASHA Vs. DIVISIONAL SECURITY COMMISSIONER

JUDGEMENT

(1.) THE petitioner is working as Inspector, in the Railway Protection Force. Disciplinary proceedings were initiated against him, by serving a charge sheet, vide Memorandum dated 29. 8. 2006, with certain allegations. The 2nd respondent herein was appointed as Inquiry Officer. The petitioner challenges the said memo, mainly on the ground that the appointment of the 2nd respondent, as Inquiry Officer, is contrary to the Railway Protection Force rules 1987 (for short "the Rules")

(2.) PETITIONER contends that under Rule 248 of the Rules, it is only an officer of the rank of Security Commissioner and above, that can be appointed as an Inquiry Officer, in the disciplinary proceedings against an Inspector in the force, and that the 2nd respondent does not hold such a post. He contends that the 2nd respondent being an Assistant Security Commissioner, ought not to have been appointed.

(3.) ON behalf of the respondents, a counter affidavit is filed. It is stated that the disciplinary proceedings initiated against the petitioner attract the rule 153 and not Rule 248, and that the proceedings do not suffer from any illegality or infirmity.