KALIASH NARAIN RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against an order dated 17-5-1985 passed by Sri M. D Dikshit, Director General/R. P, F. Railway Board rejecting the petitioner's appeal tiled by him against an order dated 14-12-1984 passed by the respondent No. 3 whereby and whereunder the services of the petitioner was directed to be terminated, purporting to act under Rule 47 (D) of the Railway Protection Force Rules, 1959, and as contained in Annexures 1 and 2 to the writ petition respectively.

(2.) The facts of the case lie in a very narrow compass.

(3.) The petitioner at the material time had been working as an Inspector of Railway Protection Force. According to the petitioner, his sons have got pro- perties at their maternal uncle's place which they allegedly acquired by reason of two deeds, one being a registered deed of gift and another being a registered deed of sale. According to the petitioner there exisced disputes with regard to the said lands by and between the petitioner's family and one Bindabasini Rai, who was a co-sharer of the petitioner's father-in-law. In relation to the said dispute a proceeding under Section 107 of the Code of Criminal Procedure (hereinafter called the Code) was initiated wherein allegedly a report was submitted against the petitioner, his sons and their servants. In the said report it was alleged that the petitioner had organised a raid on 15-7-1984 to dispossess one Bindabasini Rai. In the said report it was further alleged that two Rakshaks of the Railway Protection Force namely, Ram Pravesh Rai and Ramugrah Singh were arrested with their own private licenced gun at village Deorai. The said proceeding was, however, ultimately dropped. According to the petitioner, the aforementioned two Rakshak did not say to any body that they had gone to the aforementioned village Deorai at the instance of the petitioner. It is stated that a departmental proceeding has been initiated against the aforementioned two Rakshaks.