MAN MOHAN KUMAR SAHU Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed, inter alia, challenging the order of suspension dtd. 17/2/2010, the charge sheet dtd. 16/2/2012, the findings of the enquiry dtd. 29/8/2012, the show cause notice dtd. 4/9/2012, the final order of punishment dtd. 23/11/2012 and the order passed by the appellate authority dtd. 17/4/2013.

(2.) The petitioner, at the material point of time was an Assistant Sub- Inspector of Railway Protection Force (RPF) and was posted at RPF post, Howrah I, Eastern Railway. It is the petitioner's case that by reasons of pendency of a criminal case and on account of judicial custody suffered by the petitioner on 19/9/2009, he was served with an order of suspension dtd. 17/2/2010, issued by the Senior Security Commissioner, RPF of the Eastern Railway whereby he was suspended with effect from 19 th September, 2009. Subsequently, the petitioner was served with a charge sheet on 16/2/2012. On the basis of the said charge sheet, an enquiry was conducted which resulted in the final order of compulsory retirement dtd. 23/11/2012. Although, an appeal was preferred, the same was rejected by a mechanical order.

(3.) Mr. Majumder, learned advocate appearing in support of the petition by drawing attention of this Court to the statement of articles of charges submits that despite the fact the petitioner had been suspended vide order dtd. 17/2/2010, he was charged with non-compliance of instructions issued to him as regards the daily attendance subsequent to his release from jail custody on bail. According to Mr. Majumder, once, an employee is placed under suspension, there is no authority vested in the disciplinary authority to restrict the free movement of the employee or to direct him to be present daily, for attendance to the authority nominated by the disciplinary authority.