SHAILENDRA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The grievance of the petitioner is directed against a disciplinary proceeding which was initiated by the respondent authorities. In particular, the petitioner assails a charge sheet dated 3 January 2008 issued by the Railway Protection Force. The petitioner also challenges an order of the Disciplinary Authority dated 17 December, 2008 and a consequential order of the Appellate Authority dated 18 September, 2009 respectively.

(2.) The brief facts of the case are that the petitioner was appointed as an Inspector of the Railway Protection Force, Eastern Railways and was posted as an Inspector at the Train Escort Coy at Asansol. The crux of the allegations against the petitioner was that while serving as an Inspector Railway Protection Force, Crime Intelligence Bureau at Malda, he failed to collect information about stolen cables from Wagon No. SR BCXC-32999 which was detained at the Malda Yard, West Bengal, and it is alleged that at the relevant point of time the petitioner failed to inform the Divisional Security Commissioner, Railway Protection Force, Malda of an incident of theft.

(3.) In that background, pursuant to the Rules and Regulations an enquiry officer was appointed by the Disciplinary Authority and proceedings were initiated against the petitioner. Subsequently, a Joint Enquiry Committee comprising of prominent officers of the Railway Protection Force conducted an enquiry and submitted a report dated 8 August 2007 before the Chief Security Commissioner, Railway Protection Force, Malda and the Divisional Security Commissioner Railway Protection Force Malda Town wherein a case of short loading was made out.