JITENDRA KUMAR YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) An order of the appellate authority, i.e, Deputy Inspector General of Police cum Chief Security Commissioner, Metro Railways Kolkata/respondent no. 4, dtd. 17/8/2022, is under challenge in this writ petition.

(2.) By dint of the said impugned order dtd. 17/8/2022, the appellate authority has upheld the finding of guilt of the present writ petitioner of the charges leveled against him and also the punishment awarded to him of 'removal from service' vide order dtd. 18/4/2022.

(3.) The writ petitioner is aggrieved with the said order of the appellate authority and has moved the instant writ petition on the grounds inter alia that the appellate authority could not apply judicious mind to the facts emerged during disciplinary enquiry, that the appellate authority did not consider that the charges leveled against the writ petitioner were not proved in the disciplinary enquiry, that the appellate authority erroneously applied the provisions of the R.P.F Rules, 1987, as well as Railways Services (Conduct) Rules, 1966, in case of the writ petitioner and thus its finding in the impugned order to uphold the punishment of 'removal from service' of the writ petitioner is neither justified nor legal. The writ petitioner is aggrieved that the appellate authority has not applied its judicious mind to the legality and propriety of the disciplinary proceeding undertaken against the writ petitioner, which he says, is neither legal nor in accordance with the principles of natural justice. Thus, writ petitioner has pleaded the ground that the appellate authority's order dtd. 17/8/2022 is bereft of sound reasons, arbitrary and is only the replica of what the disciplinary authority has found upon certain erroneous considerations, against the present writ petitioner. The writ petitioner has pleaded the grounds that the appellate authority has not applied its independent mind to the facts of the case as well as the applicable laws and has come to an illegal finding thereof. The writ petitioner has sought for setting aside of the impugned order of the appellate authority/respondent no. 4 dtd. 17/8/2022.