SHREE RAM NATH PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an appeal by the plaintiff from the decision of the learned Additional District Judge, Howrah, affirming the decision of the learned munsif, 4th Court, Howrah in a suit for a declaration that the plaintiff has been wrongfully removed from his service and for reinstatement to his post of 'rakshak' in the Railway protection Force.

(2.) THE plaintiff's case is that on a charge of gross misconduct is that on 17. 11. 1965 during his duty at Beat No. 27 he was caught for pilferage of 13 lemons from a booked consignment at Platform No. 17 at parcel Goods-shed, Howrah Railway Station by Vigilance Inspector Sri I. S. Kapoor, he was served with a charge-sheet dated 5. 1. 1966 under Rule 45 of the R. P. F. Rules for minor penalty by the Assistant security Officer; that subsequently the said charge-sheet was cancelled and a fresh charge-sheet dated 13/14. 1. 1966 under Rule 44 of the R. P. F. Rules for major penalty was issued to the plaintiff; that in the departmental enquiry which followed he was not allowed to cross-examine the witnesses in support of the charge on vital points and the proceeding was conducted and the finding in the said enquiry has been made in violation of R. P. F. Rules and Regulations and the Principles of natural Justice, that his appeal against the order of removal passed by the Assistant security Officer on the basis of such finding was not properly considered by the appellate Authority ; and that the order of his removal from service with effect from 8, 9. 1966 is illegal and inoperative.

(3.) THE defendants have contested the suit by filing written statement in which it has been pleaded that there was no illegality or irregularity in the enquiry proceeding that the plaintiff was allowed adequate opportunity to defend himself and that the Disciplinary Authority and the Appellate Authority acted according to the rules and regulations and did not violate the principles of natural justice as alleged by the plaintiff.