SURESH CHOWDHURY Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) Challenge has been made in this writ petition to the charges, findings of the enquiry officer and the second show cause notice which all have been made annexures to the writ petition being Annexures-B, C, D, E & F respectively.

(2.) Declaration has also been prayed for in this writ petition to the effect that Rule 153.8 of R.P.F. Rules, 1987 and Rule 143.2 of the said R.P.F. Rules be declared ultra vires and/or null and void. Prayer has been made for quashing the charge sheets, the findings of the enquiry officer and the second show cause notice. Writ of or in the nature of prohibition has been prayed for prohibiting the respondents from taking any step or further step in respect of the said charge sheets, the findings of the enquiry officer and the second show cause notice.

(3.) Case made out: The petitioner is the holder of a civil post within the meaning of Art. 311 of the Constitution of India. He was appointed as a Constable in the Railway Protection Force of Eastern Railway in 1979 and presently is working at C&TE COY Mughalsarai under Eastern Railway.