HIRA LAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Affidavit-in-reply filed in Court today is retained with the record.

(2.) The present writ application has been filed, inter alia, challenging the charge-sheet dtd. 8/5/2008, the findings of the enquiry officer dtd. 16/10/2008, the show cause notice dtd. 17/10/2008, the order of punishment dtd. 31/10/2008 and the order passed by the Appellate Authority dtd. 10/6/2009. The petitioner is a constable of Railway Protection Force (in short RPF) of Eastern Railway and at the time of filing of the writ application, the petitioner was posted at RPF, Jamalpur (Yard) Post in Malda. The petitioner, while being posted at Jamalpur (Yard) Post was served with a charge-sheet dtd. 8/5/2008, wherein it was alleged that while he was detailed for mess duty vide Diary Entry no. 1079 at 07.00 hours on 24/2/2008, he had, in gross dereliction of his duties left the mess and was found present at Daulatpur Railway colony where he sustained bullet injury. Along with the charge-sheet, the petitioner was supplied with a list of prosecution witnesses and a list of documents which, inter alia, included findings of the Court of enquiry as submitted by the Assistant Security Commissioner, RPF, Jamalpur (Yard) Post.

(3.) Simultaneously, while issuing the said charge-sheet, the petitioner was also informed that an enquiry officer of the rank of Inspector had been appointed to enquire into the charges leveled against the petitioner. Immediately upon receipt of the charge-sheet, by two several undated communications in writing, the petitioner not only questioned the authority of the enquiry officer to inquire into the charges, since the fact finding enquiry had been conducted by an officer who was superior in rank to that of the enquiry officer, but also questioned the issuance of the charge-sheet and the appointment of the enquiry officer without affording the petitioner an opportunity of hearing. In support of his contention he had placed reliance on a judgment delivered by the Hon'ble Supreme Court in the case of State of Punjab v. V.K. Khanna & Ors.,(2000) 5 SLR 734 as is recorded in such communication. The petitioner, however, participated in the enquiry proceedings. After conducting the enquiry, the Disciplinary Authority had forwarded the petitioner with a copy of the enquiry report by cover of letter dtd. 17/10/2008. Subsequently, a final order was passed by the Disciplinary Authority on 31/10/2010, awarding a punishment of reduction to a lower scale of pay of Rs.5200.00 for 3 years with cumulative effect. Although, the petitioner had preferred a statutory appeal, the Appellate Authority by an order dtd. 10/6/2009, which was communicated to the petitioner vide a covering letter dtd. 17/6/2009, was, inter alia, pleased to reject the said appeal.