UTPAL KUMAR BISWAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed, inter alia, challenging the order dtd. 21/11/2013 and the charge sheet dtd. 3/12/2013.

(2.) The petitioner is the head constable of the Railway Protection Force (RPF) and at the material point of time was posted at Reserve Coy, Liluah under Howrah-I Division. While he was posted at RPF Post, Belur Scrap Yard he was placed under suspension by order dtd. 6/7/2011 in contemplation of a disciplinary proceeding. Subsequently, the order of suspension was revoked by the competent authority by order dtd. 8/5/2012. Following the aforesaid, a departmental proceeding was initiated against the petitioner on the basis of a charge sheet dtd. 28/12/2011 issued by the Senior Security Commissioner, RPF, Eastern Railway, in his capacity as the Disciplinary Authority of the petitioner.

(3.) Immediately, upon such charge sheet being issued, the petitioner had made a detailed representation dtd. 25/1/2012 denying all material allegations. Unfortunately, the petitioner's representation having not been found satisfactory, an enquiry officer was appointed to enquire into the charges leveled against the petitioner. According to the petitioner, since the status of the enquiry officer was far below the rank of the two principal witnesses named in the charge sheet, the petitioner by a further representation dtd. 16/2/2012 addressed to the Disciplinary Authority, had requested appointment of any other official as the enquiry officer who is higher in rank than the aforesaid two principal prosecution witnesses, inasmuch as according to the petitioner, the enquiry officer who was lower in rank than the principal prosecution witness would not be in a position to hold a fair and impartial enquiry and there would be every likelihood of the said enquiry being influenced by the decision of the fact finding authority who were higher in rank and status than the enquiry officer.