LAWS(CAL)-2021-4-48

UNION OF INDIA Vs. UMESH PRASAD SINGH

Decided On April 13, 2021
UNION OF INDIA Appellant
V/S
Umesh Prasad Singh Respondents

JUDGEMENT

(1.) This appeal is against order dated 18th May, 2007 passed by the disciplinary authority awarding punishment of dismissal from service with effect from 19th May, 2007. The award was in exercise of power given to the disciplinary authority by clause (a) in rule 47 of Railway Protection Force Rules, 1959. The clause in the rule is reproduced below:

(2.) Mr. Roy, learned advocate appears on behalf of appellants and relies on judgment of Supreme Court in Divisional Personnel Officer vs. T. R. Chellappan , 1976 3 SCC 190, paragraph 9. We reproduce below, relevant passage from the paragraph:

(3.) He submits, impugned order should be set aside in appeal and the order of the disciplinary authority restored, alongwith order passed by the appellate authority rejecting respondent's appeal.