SURESH CHAND UPADHYAY Vs. UNION OF INDIA

JUDGEMENT

(1.) The brief facts necessary for adjudication of this matter are as underline petitioner who was a Constable in Railway Protection Force was subjected to disciplinary proceedings pursuant to the issuance of charge sheet (Annexure P-1) dated 9.2.1993. The said charge sheet was followed by departmental enquiry. After the enquiry a punishment of removal from service was inflicted on the petitioner by order dated 25.2.1994. The petitioner feeling aggrieved by the aforesaid punishment order, preferred an appeal before the statutory appellate authority. However, the said appellate authority did not decide the appeal preferred by the petitioner. At this stage, petitioner filed a writ petition before the Allahabad High Court. The Allahabad High Court passed the order in W.P.No.14226/94 on 25.1.2005 (page 77). A perusal of the order of the High Court shows that this was an admitted position between the parties that enquiry officer's report was not supplied to the petitioner before imposition of punishment of removal. However, the High Court did not deal with the merits of the matter and relegated the petitioner to avail statutory remedy of revision by preferring a revision petition before the revisional authority. In turn, the revisional authority was directed to decide the revision expeditiously.

(2.) In turn, the petitioner preferred a revision petition Annexure P-10. The said revision is decided by the competent authority on 6.1.2006. The revisional order reads as under:-

(3.) The learned counsel for the petitioner submits that the revisional order issued by the Railway Board is served on the petitioner at Gwalior. The petitioner has assailed the punishment order on following grounds:-