AMEEN KUMAR CHATARJEE Vs. WEST CENTRAL RAILWAY

JUDGEMENT

(1.) With consent of learned counsel for the parties, petition is heard finally.

(2.) Quashment of charge-sheet dated 27.3.2012 is being sought.

(3.) Vide impugned charge-sheet the petitioner, a Constable, Railway Protection Force, has been charged of dereliction of duties in as much that while on duty on 21.9.2011, in shift 16 to 24 hours (4 PM to 12 PM) at Beat No. 1, 2 and 3 petitioner entered into an altercation with one outsider Kriparam son of Ramdas R/o Nehru stadium, Harda and because of use of force by the petitioner, he succumbed to the injuries, as a result of the same an offence vide Crime No.156/2011 under Section 302 of the Indian Penal Code has been registered and the petitioner was in judicial custody from 23.9.2011 to 24.3.2012. The said act being misconduct under Rule 146.2 (i), 146.3(i), 146.4 (i), 146.8 (b) and 147.1 (ii) of the Railway Protection Force Rules, 1987.