BISHNU PROSAD Vs. UNION OF INDIA

JUDGEMENT

(1.) In this application under Article 226 of the Constitution petitioner has challenged the disciplinary proceedings culminated in the order of removal of the petitioner and the order of rejection of the appeal preferred by the petitioner.

(2.) Shortly stated, the facts are that the petitioner was appointed as Rakshak, Railway Protection Force, in the year 1956. In the year 1958, the petitioner was promoted to the post of Senior Rakshak. He was charge-sheeted in 1973 and removed from service in 1975. From the report of the R.P.F., Asansol, it appears that in respect of recovery of about 25 kgs. sugar along with empty bag and one wrapper in the receiving yard, a charge-sheet was issued to the petitioner. It appears from the report of the Enquiry Officer , as to why the said Charge-sheet was issued on March 17, 1973. He has recorded as follows:

(3.) Thereafter the Disciplinary authority issued a show cause notice under Rule 4(10)(2) of the Railway Protection Force Rules and recor-ded as follows: -