AMARESWAR PRADHAN Vs. SOUTH EASTERN RAILWAY AND OTHERS

JUDGEMENT

(1.) The petitioner in this writ application has prayed for quashing the order of removal from service passed by the competent authority in exercise of power under Rule 47(b) of the Railway Protection Force (Discipline and Appeal) Rules, 1959 ('the Rules', for short).

(2.) The case of the petitioner is that he entered into service as a Rakshak in Railway Protection Force ('RPF', for short) in South Eastern Railway. The petitioner and some other Rakshaks were directed to guard a derailed wagon in which it is alleged that urea bags had been loaded. His case is that after the wagon was derailed, information was sent to Khurda Road and the petitioner and some other Rakshaks were sent to guard the derailed wagon. By the time they arrived at the place more than 12 to 20 hours had already passed. There was theft of some urea bags from the wagon and FIR was lodged. On the basis of the FIR, 2(c) CC No. 172 of 1989 was registered against the petitioner and other Rakshaks who were on guard as well as some other outsiders. In view of the allegation made in the FIR, the impugned order of removal from services was passed by the authority.

(3.) Shri Mohanty, learned counsel appearing for the petitioner, submitted that rule 47(b) of the Rules prescribes that where the disciplinary authority is satisfied, for reasons to be recorded in writing, that it is not reasonably practicable to follow the procedure prescribed in the said Rules, the disciplinary authority may consider the circumstances of the case and pass such orders thereon as it seems fit. He further submitted that no reasons have been recorded before passing the order in exercise of power under rule 47(b) of the Rules.