SHEO NARAIN MAHATO Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioners of these four (4) Rules were Rakshaks (constables) of the Railway Protection Force, Eastern Railway. In March 1969, they were arrested in connection with Asansol G.R.P.S. Case No. 10 dated March 28, 1969, under Sections 461/379, Indian Penal Code, read with Sec. 5(c) of the Prevention of Corruption Act. Ultimately the prosecution submitted a final report under Sec. 173 of the Code of Criminal Procedure and thereupon on July 15, 1969, the learned Magistrate, First Class, Asansol, discharged the Petitioners. On Aug. 18, 1969, the Asstt. Security Officer, Eastern Railway, Railway Protection Force, Asansol, issued charge-sheets against the Petitioners alleging serious neglect of duty while on seal checking and guarding duty in Railway Protection Force in Dn. Receiving Yard, Asansol, from 16 to 24 hrs on March 27, 1969. During the said duty hours a number of bags of sugar were stolen from wagons which they had failed to detect or prevent.

(2.) The Asstt. Security Officer, Railway Protection Force, Asansol, had appointed Shri B. Dubey, IPF/Crime/ASN, to enquire into the charges framed against them. The Petitioners had pleaded not guilty to the said charges. The Enquiry Officer by his report dated May 24, 1972, found them not guilty. The Assistant Security Officer, Railway Protection Force, Eastern Railway, Asansol, agreed with the said findings of the Enquiry Officer and ordered that the cases against them be closed.

(3.) On July 18, 1972, the Security Officer, Railway Protection Force, Eastern Railway, Asansol, issued memos, stating that in terms of Rule 60 of the Railway Protection Force Rules, 1959, he had reviewed the order dated June 28, 1972, passed by the Asstt. Security Officer, Asansol and he considered that the order was not justified in view of the gravity of the offence which warranted severe punishment. He had come to provisional decision that the Petitioners should be punished with 'dismissal from services' as specified in Clause (a) of Rule 41 of the Railway Protection Force Rules, 1959. The Petitioners were given 15 days' time from the date of receipt of the said memos, to show cause as to why the proposed penalty should not be inflicted upon them. The Security Officer informed them that any representation made in that connection would be taken into consideration before passing final orders. The Security Officer along with the said memos, forwarded the findings of the Enquiry Officer and the copy of the order dated July 13, 1972, passed by him containing reasons for review of the Petitioners' cases under Rule 60.