(1.) In this writ petition, the petitioner [an Inspector of the Railway Protection Force (hereafter the Force), posted at Santragachi] has questioned the propriety, legality and validity of the charge-sheet dated 8th January, 2009 (annexure P-3), and the orders of suspension (annexure P-4) and temporary attachment (annexure P-5), both dated 29th January, 2009, issued by the respondent No.3, being his disciplinary authority viz. the Senior Security Commissioner of the Force, South Eastern Railway, Kharagpur. The disciplinary authority has also been impleaded in the petition eo nomine as respondent No.4. The charge relates to alleged acceptance of illegal gratification by the petitioner from certain shop holders.
(2.) The disciplinary authority mentioned in the charge-sheet that Mr. S.N. Sinha, Assistant Security Commissioner had been nominated as he Enquiry Officer and the first date of enquiry has been fixed on 27th January, 2009 at the venue indicated therein. The petitioner was requested to attend the enquiry failing which it would be conducted ex- parte. It was further informed thereby that if for the purpose of preparing defence the petitioner wishes to inspect and take extracts from any official records, a list of such records must be furnished to the Enquiry Officer within the time granted.
(3.) In State of Punjab v. V.K. Khanna, reported in AIR 2001 SC 343, the Apex Court observed as follows:
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