BISHUNDEO SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in the two writ applications have been removed from service in view of an order dated 24-12-1981 passed by the Assistant Security Officer, Eastern Railway, in purported exercise of the powers under R. 47, Railway Protection Force Rules, 1959 (hereinafter to be referred to as 'the Rules'). A copy of the said order is Anncxure-1 in both the writ applications. As common questions of law and facts are involved in the two writ applications they have been heard together and are being disposed of by a common judgment.

(2.) The petitioners were appointed as Rakshak in the Railway Protection Force and at the relevant time they were posted at Garhara, Eastern Railway. It is said that in the night of 5/6th Dec., 1981 while the petitioners were on duty as Rakshak in the railway yard, theft was committed of 3 bales of handloom cloth from the waggon standing on the siding line by some miscreants. Some of such accused persons were arrested later. As already stated above, on 24-12-1981 the impugned orders were passed by the Assistant Security Officer removing these petitioners from service with immediate effect saying that he was fully satisfied that the petitioners were guilty of serious misconduct of statement of theft while on duty in the night of 5/6th Dec., 1981, meaning thereby that these petitioners had made wrong statements about their duty beats on 6-12-1981. It is an admitted position that no opportunity w;as given to the petitioners to show cause against the proposed action. The Assistant Security Officer while dispensing with the requirement of communication of charge and enquiry thereof as provided by R. 44 of (he Rules has observed as follows :

(3.) On behalf of the petitioners the impugned orders have been challenged on several grounds. On behalf of the respondents the orders were justified in view of the provision of R. 47 which enables the disciplinary authority for reasons to be recorded in writing not to follow1 the procedure prescribed under Rr. 44, 45 and 46 of the Rules and to consider the circumstances of a particular case and to pass such orders thereon as it deems fit.