ARUN SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Swati B. Baruah, learned counsel appearing for the petitioner. Also heard Mr. S.K. Medhi, learned CGC for the Union of India.

(2.) The writ petitioner, while serving as a Constable (GD), in the Railway Protection Force (RPF), was removed from service by the impugned order dtd. 24/3/2020 passed by the respondent No. 4 without holding any departmental enquiry or giving him any opportunity of being heard. By the order dtd. 8/9/2020, the appellate authority had rejected the appeal filed by the petitioner and the revisional authority had also confirmed the order of the disciplinary authority as well as the appellate authority by the order dtd. 9/12/2020. Hence, this writ petition.

(3.) The facts of the case, briefly stated, are to the effect that pursuant to a selection process, the petitioner was appointed as Constable (GD) in the RPF. While discharging his duties at the Dibrugarh Railway Station premises, the petitioner, along with his colleague CT/ Ayush Taumar and one Ashif Khan, were allegedly caught red handed while having possession of about 13 k.g.s of contraband goods (suspected ganza). As such, by the order dtd. 24/3/2020, the petitioner was removed from service. The grounds on which the petitioner was removed from service as well as the purported reasons for not holding a departmental enquiry have been indicated in the impugned order dt. 24/3/2020. As such, the order dtd. 24/3/2020 is reproduced hereinbelow for ready reference:-