MANAB KUMAR GUHA Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 10.4.2002 passed by the learned Single Judge whereby and whereunder the said learned Single Judge vide judgement and order dated 10.4.2002 dismissed the writ petition bearing W.P. No. 9960 (W) of 1998.

(2.) In the writ petition the appellant prayed for an order to set aside the order of removal from service imposed on conclusion of the departmental proceeding initiated against him. The appellant was posted at Asansol as a constable of Railway Protection Force. He was charge sheeted along with another constable on the allegation that on 5.6.1995 they detained one passenger namely, Harish Chandra Ram and after assaulting him, robbed the said passenger of Rs. 400.00 as well as a key of the tractor. On the basis of written complaint lodged by the said passenger and after preliminary inquiry, departmental proceeding was initiated. In the departmental proceeding he was found guilty to the charge as per the report of the Inquiry Officer and by the order of the disciplinary authority, major penalty of removal from service was imposed upon the appellant. The appellant submitted written representation before the appellate authority and the appellate authority on consideration of the entire materials and by a reasoned order dated 17.10.1996 directed de novo inquiry after recording the gross irregularities noticed by him in the departmental proceedings.

(3.) After the matter was remitted, the Inquiry Officer recorded evidence both oral and documentary and again found the appellant guilty to the charge. The appellant thereafter, submitted written representation before the appellate authority. The appellate authority imposed major penalty of compulsory retirement from service.