AMBRISH PRASAD SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ application is filed by the petitioner assailing the order of suspension as communicated under D.O. No.65/92 dated February 6, 1992, charge-sheet issued under memo no.50/PRO/153/03/92 dated March 3, 1992, inquiry report dated September 1, 1992, show-cause notice dated September 15, 1992, order of punishment issued under memo no. R.O.161/03 dated March 4, 2003 and the order passed by the statutory appellate authority issued under memo no.S.C.30/123/03(APS) dates September 9, 2003.

(2.) THE petitioner was working for gain in the post of constable of Railway Protection Force, Eastern Railway and he was posted at Railway Protection Force, West Coast Asansol at the material point of time. By an order passed under memo no.D.O.65/92 dated February 6, 1992(hereinafter referred as the said order of suspension), the petitioner was placed under suspension, amongst other constables. A charge-sheet was issued under memo No.SO/PRO/153/03/92 dated March 3, 1992(hereinafter referred to the said charge-sheet) proposing to hold an enquiry against him under Rule 153 of the Railway Protection Force Rules, 1987. THE name of the respondent no.4 was disclosed in the said chargesheet fixing the first date of enquiry on March 9, 1992. THE petitioner submitted a representation dated April 28, 1992 to the respondent no.4 requesting him to supply 17 documents to enable him to submit reply to the said charge-sheet. On receipt of the above representation, the respondent no.4 decided to make the documents mentioned in the above representation available to the petitioner in due course. THE petitioner further submitted a statement of defence dated June 12, 1992 to the respondent no.4 refuting all the charges levelled against him. After conducting an enquiry in connection with the said charge-sheet, the respondent no.4 submitted his enquiry report dated September 1, 1992 (hereinafter referred to as the said enquiry report) to the disciplinary authority. THE Divisional Security Commissioner, Asansol, Eastern Railway served copy of the said enquiry report to the petitioner under his memo No. SO/PRO/153/03/92 dated September 15, 1992 to enable him to submit a representation to the same before the disciplinary authority. THE respondent no.3 in his capacity of disciplinary authority passed the impugned order of punishment under RO/161/03 dated March 4, 2003 (hereinafter referred to the as the said order of punishment) removing the petitioner from the service of constable Railway Protection Force, Eastern Railway.

(3.) IT is further submitted by Mr. Majumder that the disciplinary authority passed the order of punishment without considering the representation of the petitioner to the enquiry report properly. IT is also submitted by Mr. Majumder that the respondent no.2 passed the order dated September 9, 2003 in violation of the provisions of Rule 217.3 of the Railway protection Force Rules, 1987 and without applying his mind to the grounds taken by the petitioner in his statutory appeal.