MAHENDRA KUMAR SINGH Vs. N.F.RAILWAY

JUDGEMENT

(1.) AN order dated 16/17/8/2002 dismissing the writ petitioner from service has been put to challenge in the present writ application. The appellate order dated 24.2.2003 dismissing the appeal filed by the writ petitioner against the aforesaid order of dismissal is an incidental matter of challenge in the present writ proceeding.

(2.) THE facts, in brief, may be noted at the outset.

(3.) THE report of the enquiry was furnished to the writ petitioner on 14.6.2002 and thereafter by the impugned order dated 16/17/8/2002, the punishment of dismissal from service was imposed by the disciplinary authority. In the order dated 16/17/8/2002 imposing the punishment in question, the disciplinary authority has recorded the finding that the conclusion reached by the Enquiry Officer that the charge of receipt/payment of money to the writ petitioner was not proved, was not acceptable. The disciplinary authority, on the materials on record, came to the conclusion that the writ petitioner himself had received the money in question to secure the appointment of Shri Bijendra Singh as a Constable in the Railway Protection Force. It is the correctness of the view taken by the disciplinary authority and the manner in which the findings of the Enquiry Officer have been recorded that has been agitated in the present writ petition.