ANUP NARAIN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In this application, the petitioner has prayed for an order dated 27-7-1985 passed by the respondent no. 3 and as contained in Annexure-5 to the writ application as also the order dated 24-2-1986 passed by respondent no. 2, as contained in Annexure-7 to the writ application.

(2.) The facts of the case lie in a very narrow compass. At all material times, the petitioner was serving the Railway Protection Force as a Rakshak. In the night of 9th/10th April, 1984, the petitioner was on duty. At about 2.15 A. M. on 10-4-1984, a theft of iron rods from a railway wagon occured. In relation to the aforementioned incidents, the petitioner was charge-sheeted by a memo dated 8-5-1984, which is contained in Annexure-1 to the writ application. On the basis of the aforementioned charges a disciplinary proceeding was initiated as against the petitioner. By reason of a report dated 18th December, 1984 as contained in Annexure-2 to the writ application, the petitioner was found not guilty.

(3.) The Disciplinary authority, however, differed with the said report and by reason of a notice dated 7th May, 1985 directed the petitioner to show cause as to Why he should not be removed from service. Pursuant to the aforementioned show cause, the petitioner filed his second show cause, which is contained in Annexure-4 to the writ application.