LAWS(P&H)-1994-1-78

SACHIDA NAND TIWARI Vs. UNION OF INDIA

Decided On January 27, 1994
SACHIDA NAND TIWARI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE petitioner has challenged the order of the Assistant Security Commissioner, Railway Protection Force, Rail Coach Factory, Kapurthala, dated November 17, 1992, in this petition under Articles 226/227 of the Constitution of India.

(2.) AN enquiry was ordered against the petitioner for certain acts of omission and. commission. The Enquiry Officer submitted his report. Since the report was found defective, it was no accepted and a fresh enquiry was ordered.

(3.) FOR the reasons stated above, the order of the Assistant Security Commissioner, Railway Protection Force, Rail Coach Factory, Kapurthala dated November 17, 1992, is quashed. However, he is permitted to proceed further in accordance with the provisions of Rule 154. 4 of the Rules. He could remit the case to the Inquiry Officer for further inquiry and report but could not order fresh inquiry into the matter. If he was satisfied with the inquiry report submitted earlier, he could take appropriate action pursuant thereto.