BABBAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) -The instant appeal arises out of a judgment and order dated February 26, 1990 passed by the Trial Court dismissing the writ petition of the appellant petitioner wherein the 2nd Show Cause Notice dated December 10, 1981, calling upon the petitioner to show cause as to why he should not be removed from the service, inter alia was under challenge.

(2.) The appellant petitioner who was a Senior Rakshak of the Railway Protection Force, was served with charge-sheet dated December 23, 1974 on which a disciplinary proceeding was initiated against him. He replied to the chargesheet. The disciplinary enquiry thereafter was held and ultimately the Inquiry Committee holding the said disciplinary enquiry submitted a report wherein the petitioner was found guilty of all the misconducts alleged in the chargesheet. Agreeing with the aforesaid fording of the aforesaid Inquiry Committee the respondent no. 6 being the Assistant Security Officer, Railway Protection Force, Eastern Railway, Danapur, issued a 2nd Show Cause Notice dated December 30, 1975 calling upon the petitioner to show cause as to why he should not be removed from the service. The petitioner made a representation against the aforesaid 2nd Show Cause Notice dated December 30, 1975 which was rejected and the final order was passed in the said disciplinary enquiry removing the petitioner from service with effect from February 22, 1976. The petitioner preferred an appeal against the said final order of removal which was dismissed by the Appellate Authority. The petition for revision filed by the petitioner thereafter was also rejected by an order dated June 26, 1976 passed by the Deputy Chief Security Officer.

(3.) Thereafter the petitioner moved this Hon'ble Court under Article 226 of the Constitution whereupon Civil Rule No. 12420(W) of 1976 was issued. The aforesaid Civil Rule was made absolute by a judgment and order dated February 5, 1981 by the Hon'ble Mr. Justice P. C. Borooah. By the said judgment and order the aforesaid 2nd Show Cause Notice dated December 30, 1975 being Annexure 'C' to the earlier writ petition was set aside as the Learned Judge was of the view "That apart from a bold statement that the charges framed have been proved as per finding of the Inquiry Committee by a board of enquiry consisting of B. K. Ghosh; there is nothing in the said order which would go to show that the Officer passing the order applied his mind to the charges and/or agreed with the evidence thereof." As the 2nd Show Cause Notice was set aside all orders subsequent thereto including the final order of removal was also set aside. By the said judgment and order, however, the respondents were given liberty to proceed afresh from the stage prior to the passing of the order dated December 30, 1975 after giving the petitioner an opportunity of being heard. The petitioner thereafter was served with the order being no. 439 of 1981 dated 31.7.81 passed by the Security Officer, Eastern Railway, informing the petitioner that the said 2nd Show Cause Notice and the order of removal issued against the petitioner were cancelled and the petitioner was reinstated in service. By the self same order the petitioner was further informed that he shall be deemed to have been placed under suspension from the date of removal from service i.e. 22.2.76. Thereafter, the petitioner was served with the present 2nd Show Cause Notice dated December 10, 1981 along with the finding of the respondent no. 5 in relation to the said 2nd Show Cause Notice calling upon the petitioner to show cause as to why he should not be removed from service.