ARUNJYOTI THAKURIA Vs. UNION OF INDIA

JUDGEMENT

(1.) The extra-ordinary jurisdiction conferred upon this Court by Article 226 of the Constitution of India is sought to be invoked by means of this writ petition whereby the petitioner has put to challenge an order dtd. 29/12/2015 by which he was removed from his service as Constable in the Railway Protection Force (RPF). The departmental appeal preferred by the petitioner against the said order of removal was also dismissed vide order dtd. 8/4/2019 whereafter this writ petition has been filed.

(2.) Before going to deal with the grounds of challenge, the brief facts of the case may be stated.

(3.) The petitioner was appointed as Constable in the RPF on 22/5/1999. It is the projected case of the petitioner that he has been discharging his duties sincerely and without any blemish and was posted at TE-Coy/Lumding. In between, the petitioner was transferred to 15 RPF at Chaparmukh. On 7/1/2014, he was again transferred back to his original place of posting at Lumding with joining date as 10/1/2014. The petitioner has alleged that he could not join within the stipulated period of 3 days at Lumding as he had fallen ill and was under treatment. On such absence, the authorities had issued a memorandum of charges dtd. 4/2/2015. On receipt of notice about the said proceeding, the petitioner had appeared in the inquiry twice and could not appear thereafter. The inquiry culminated into a report dtd. 8/9/2015 holding the charges to be proved and the disciplinary authority, upon consideration of the facts and circumstances and the inquiry report, had passed the impugned order dt. 29/12/2015 removing the petitioner from service. Against the impugned order, the petitioner had preferred a departmental appeal on 27/2/2017 which was lying unattended and accordingly, the petitioner had filed a writ petition, being WP(C)/3176/2017 in which a direction was issued for disposal of the departmental appeal with liberty. Consequently, the appeal was rejected vide order dtd. 8/4/2019. Thereafter, the present petition has been filed.