NAMITA SUBUDHI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the punishment order dated 25.11.2005 (Annex -18) passed by the Disciplinary Authority removing her from service and the order of the appellate authority dated 5.5.2006 (Annexure -20) rejecting the appeal against the said order.

(2.) THE facts and circumstances giving rise to the case are that the petitioner who had been serving as a Lady Constable in the Railway Protection Force, Bhubaneswar was given the charge sheet under Rule 153 of Railway Protection Force Rules, 1987 for gross negligence of duty and disobedience of lawful order of superior officers.

(3.) SRI Mohanty, learned counsel appearing for the petitioner has submitted that no doubt the petitioner did not participate in the enquiry and the opposite parties have rightly proceeded ex -parte against her. But the enquiry report was based on surmises and conjectures and not on evidence. There was not an iota of evidence against the petitioner to warrant any punishment whatsoever. The Disciplinary Authority as well as the appellate authority passed the orders in a mechanical manner without considering the case in correct prospective. Hence, the petition deserves to be allowed.