SEKHAR KUMAR KANJILAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application has been preferred challenging the memoranda dated 16th August, 2010 and 16th November, 2010 issued by the respondent no.5.

(2.) The facts, in a nutshell, are that the petitioner was initially charge sheeted on 13th June, 2008, in terms of the provisions of Rule 153 of the Railway Protection Force Rules, 1987 (hereinafter referred to as the said Rules of 1987), when he was serving as an Inspector, Railway Protection Force (hereinafter referred to as RPF), South Eastern Railway, in terms of the provisions of Rule 153 of the Railway Protection Force Rules, 1987 (hereinafter referred to as the said Rules of 1987). Challenging the same the petitioner preferred a writ application being WP No.12941 (W) of 2008 which was dismissed by an order dated 27th August, 2009. Against the said order, the petitioner preferred an appeal being MAT No.1065 of 2009 and during pendency of the said appeal, the charge sheet dated 13th June, 2008 was withdrawn by an order dated 5th July, 2010 and subsequent thereto a fresh charge sheet dated 16th August, 2010 was issued reiterating the charges alleged in the earlier charge sheet dated 13th June, 2008. In exercise of the powers conferred under Rule 9 (9)(c) of the Railway Servants, (Discipline and Appeal) Rules, 1968 (hereinafter referred to as the said Rules of 1968), the respondent no.5 appointed a Presenting Officer by a memorandum dated 16th November, 2010. The charge sheet dated 16th August, 2010 and the memorandum dated 16th November, 2010 are under challenge in the instant writ application, which has been filed before this Court on 7th July, 2011.

(3.) Upon contested hearing this Court passed an interim order on 15th July, 2011 granting liberty to the respondent authority to continue with the disciplinary proceeding with a direction to the effect that no final order shall be passed without the leave of the Court.