RAMPHER YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) In both these writ applications the Petitioners who were charged with remission/negligence in discharge of duty while performing their duties at Neora Railway Station for seal checking and guarding duty against theft of railway property on 7.7.1980 have prayed for quashing of the orders of their removal from service as contained in annexure 4 in C.W.J.C. No. 5275/91 and annexure 7 in C.W.J.C. No. 5088/91 respectively and also the orders passed on their appeals as well as revisions rejecting them vide annexures 6 and 9 in the first case and annexures 8 and 12 in its second case respectively. As against both the writ Petitioners the charges were common and relate to the same occurrences and the departmental proceedings were also taken up together and a common enquiry report was submitted, on the basis of which the impugned order of punishments have been passed against them, the writ applications filed by them have been heard together and are being disposed of by this common judgment/orders.

(2.) In short, the facts of the present case are that in the night of 6/7.7.1984 a theft was committed at Neora Railway station where the Petitioners of both the writ applications were posted as Constables in the Railway Protaction Force. In the said theft 22 bags of sugar were stolen by opening the sealed wagon at Neora station. It is alleged that the said theft was committed with the assistance of the Petitioners and one another Constable namely Ramswarath Singh. A criminal case was also instituted in connection with the said theft, in which the Petitioners and the said Ramswarath Singh were also made co-accused along with others. Later, the Petitioners and the said Ramswarath Singh were discharged in the said criminal case. However, a departmental proceeding was initiated against all three of them, in which all of them were imposed punishment of removal from service with immediate effect. Against the said order passed by the disciplinary authority dated 9.7.1987, the Petitioners and Ramswarath Singh preferred appeal as provided under the provisions of Railway Protection Force Rules. The said appeals were rejected by order dated 23.5.1986. The Petitioners and the said Ramswarath Singh preferred revision before Chief Security Commissioner, Railway Protection Force, Eastern Railway, Calcutta, who by his order dated 27.7.1989 rejected the prayer as in his opinion, no interference with the appellate order passed by the Dy. C.S.C. was called for. Thereafter, the Petitioners as well as the said Ramswarath Singh approached the Director General, R.P.F. New Delhi by way of representation, on which the Director General by his order dated 20th November, 1991 (a photo copy whereof has been annexed as annexure 14 to the supplementary affidavit filed on behalf of the Petitioner) quashed the order of punishment imposed against the said Ramswarath Singh and the period from date of his removal to the date of reinstatement was treated as on duty. The representations/petition filed on behalf of the Petitioners were rejected by the Director General, R.P.F. vide order dated 5.9.1991 as contained in annexure 13 whereafter the Petitioners filed the present writ applications.

(3.) A counter affidavit, supplementary counter, affidavit, reply and rejoinder have been filed on behalf of the parties. In view of the question involved in the present case, I do not consider any necessity to deal with the contentions made therein.