KAILASH CHANDRA BEHERA Vs. THE UNION OF INDIA

JUDGEMENT

(1.) IN this Letters Patent Appeal, challenge is made to the judgment dated 22.1.2014 passed by the learned Single Judge in W.P. (C) No. 16707 of 2008. By the said judgment, the learned Single Judge dismissed the writ petition, thereby rejecting the prayer of the appellant to quash the charge -sheet issued by the Senior Divisional Security Commissioner/RPF, East Coast Railway, Khurda Road vide Annexure -8.

(2.) ADUMBRATED in brief, the case of the appellant -petitioner is that an F.I.R. was lodged by one S.K. Biswal, Superintendent of Police, C.I.D., C.B., Orissa, Cuttack on 22.4.2008 basing on the news published in a daily newspaper dated 14.4.2008 regarding death of one Biranchi Das, a Judo Coach at Bhubaneswar. The coach was shot dead on the apprehension that he would disclose the name of the officials, who had nexus with pilferaging iron scraps from Mancheswar coach repairing shop. The investigation was done as per the direction of D.G. Police. The Senior Divisional Security Commissioner, East Coast Railway RPF Khurda Road, opposite party no. 3 had also caused a joint inquiry through the Inspector, Inspector Crime Reader and Inspector R.P.F. Mancheswar workshop. They went to Mancheswar workshop along with the Assistant Chief Manager (I)/CRW/Mancheswar, who was in -charge of the scrap iron and found that the stock was intact in the earmark location of the workshop. They submitted a report on 14.4.2008. After the F.I.R. was lodged, C.I.D., C.B. Case No. 20 of 2008 was registered under Sections 120B/379/201/411 and 414 of the I.P.C. against one Brijlal Agrawal and others. The Dy. Chief Commissioner, East Coast Railway, opposite party no. 2 and Senior Security Commissioner, R.P.F., Khurda Road, CCB, Railway Board, New Delhi also enquired into the matter and submitted a report on 25.4.2008. The matter was again enquired into by OI/CIB Waltire, OC/RPF Waltire and OIC/RPF, Bhubaneswar. They had also submitted a report on 5.5.2008, vide Annexure -4. Both the reports reveal that they could not find any incriminating materials in support of the paper publication. The reports further reveal that 'Y' form had not been issued and no report had also been given by the OC/RPF/MCS to Senior DSC/RPF/Khurda with regard to 'Y' form, which is meant for lodging of theft report in the railway by the custodian of the property. It is further stated that C.I.D., C.B. failed to collect the evidence against the petitioner and requested the railway authority to register a case under the Railway Protection Force Act, 1957 (hereinafter referred to as ' the Act'). Thereafter, the O.I.C., Mancheswar R.P.F. registered a case under Section 3(a) RP(UP) Act and moved an application before the learned S.D.J.M., Bhubaneswar. While the matter stood thus, the department proposed to hold an inquiry against the petitioner under Rule 153 of the Railway Protection Force Rules, 1957. Accordingly, the imputations of statement of charge and imputation of allegation along with charge sheet were supplied to him, vide Annexure -5, on 17.7.2008.

(3.) HEARD Mr. J.M. Mohanty, learned Senior Advocate for the appellant.