GANESH ROUT Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) THE petitioner was a member of Railway Protection Force (hereinafter 'the Force' ). He was appointed as a Constable on October 4, 1987. He was assigned patrolling duty from 00 hours to 08 hours on February 19, (9?) 1989. A disciplinary proceeding came to be initiated against him alleging gross negligence of duty during the aforesaid hours in having failed to prevent and detect pilferage of hard coke coal weighing about 200 kgs. by outsiders from a wagon standing in the new yard Khurda. The charge was denied following which an inquiry followed in which five witnesses were examined on behalf of the department. The following came to light during the inquiry :-

(2.) ON the basis of the aforesaid evidence, the Inquiring Officer found that the coal had been removed from the wagon which fell within the area the petitioner was to patrol and this had been done during the working hours of the petitioner and so he was found guilty of the charge. It may be stated that in the inquiry Barik had not been examined but one of the witnesses of the Department had stated about the aforesaid statement of Barik. The disciplinary authority accepted the findings and came to the conclusion that an outsider had pilfered coal "with the tacit connivance" of the petitioner, and therefore, took a serious view of the matter and opined that the petitioner was not a fit person to be retained in service in a disciplined Force, and so, removed him from service by an order passed on March 3, 1989. It is this order which has been assailed in this proceeding.

(3.) SHRI Patnaik appearing for the petitioner has advanced two contentions in assailing the order :-