SUDHIR KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed, inter alia, challenging the charge sheet dtd. 8/9/2015, the findings of the enquiry officer dtd. 25/5/2016, the order of dismissal dtd. 1/7/2016 and the order passed by the appellate authority dtd. 12/4/2017.

(2.) The petitioner, at the material point of time, was posted at RPF, Chakradharpur, when by an order dtd. 19/3/2014 passed by the Assistant Security Commissioner, South Eastern Railway, he was placed under suspension on the ground of contemplation of disciplinary proceeding in terms of Sec. 134 (a) of the Railway Protection Force Rules, 1987 (hereinafter referred to as the "said Rules"). After expiry of more than one year and six months, the petitioner was served with a charge sheet dtd. 8/9/2015, wherein, it was alleged that the petitioner had committed an indiscipline, undesirable and unwarranted act which has tarnished the image and reputation of the force.

(3.) The petitioner had duly responded to the said charge sheet by filling a written statement. Following the aforesaid, a disciplinary enquiry was held against the petitioner and after conclusion of enquiry by a cover of letter dtd. 31/5/2016, was served with a copy of the enquiry report. Although, the petitioner had responded to the same, a superior disciplinary authority of the petitioner being the Senior Divisional Security Commissioner held the petitioner guilty by passing an order dtd. 1/7/2016. The petitioner had thereafter, preferred an appeal before the appellate authority.