LAWS(CAL)-2024-4-165

MINA DEBI SINGH Vs. UNION OF INDIA

Decided On April 10, 2024
Mina Debi Singh Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The present writ petition has been filed, inter alia, challenging the enquiry proceeding, the findings of the enquiry officer dtd. 29/9/2013, the order of dismissal dtd. 12/10/2012, the order passed by the appellate authority dtd. 29/1/2014 and the order passed by the revisional authority dtd. 21/11/2014.

(2.) Shorn of unnecessary details, the facts are that the petitioner was a constable of the Railway Protection Force (RPF) of Eastern Railways and at the material point of time was posted at C & T.E. Coy, Asansol. While being posted at the RPF post, Andal, a departmental proceeding was initiated against the petitioner by issuing a charge- sheet dtd. 28/8/2000 whereby, a charge of discreditable conduct was levelled against him on the basis of an allegation that while on duty the petitioner along with his colleague S.K. Vatsa alleged to have raped a girl aged about 20 years which had brought discredit to the reputation of the force and the same was also in violation of the Railway Service Conduct Rules.

(3.) On the basis of the aforesaid charge-sheet, an enquiry proceeding was conducted which ultimately, culminated in an order of dismissal dtd. 31/1/2007 issued by the Senior Divisional Security Commissioner, RPF. Although, the petitioner had filed a statutory appeal, the same was, however, dismissed by an order dtd. 16/7/2007.