BABU RAM PRAMANICK, CONSTABLE NO. 1102 OF RAILWAY PROTECTION FORCE, S.E. RAILWAY Vs. THE ASSISTANT SECURITY COMMISSIONER, R.P.F., S.E. RAILWAY SANTRAGACHHI AT SHALIMAR AND OTHERS

JUDGEMENT

(1.) By this writ application, a constable of the Railway Protection Force, has challenged the appellate order continuing the punishment given, by the Senior- Security Commissioner, R.P.F., South Eastern Railway, Kharagpur and communicated to the Divisional Security Commissioner, R.P.F., South Eastern Railway.

(2.) In this writ application although the petitioner has prayed for setting, aside the suspension order, charge-sheet, enquiry report, punishment order as well as the appellate order and has also prayed for declaring Rule 153.5 and 154.2 of the R.P.F. Rules, 1987 as ultra vires being violative of Art. 14 and Art. 311 (2) of the Constitution of India, Mr. Roy Choudhury, the learned Counsel appearing on behalf of the petitioner at the time of hearing has raised different pure question of law.

(3.) According to Mr. Roy Chowdhary, the petitioner having been suspended pending disciplinary proceeding initiated by the employer involving an offence which might end in major penalty, but ultimately the petitioner having been given a minor penalty, it was the duty of the disciplinary authority to declare that the period of suspension should be treated as period of duty in view of clarification given by the Government vide G.I Dept. Per. & TRg. O.M. No. 11012/15/85 Estt.(A), dated the 3rd Dec., 1985.