MANI RAM YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE two cases arise from an identical set of facts and circumstances; the two petitioners challenge similar orders of their dismissal from service and they seek the same relief. These two writ petitions were, therefore, heard together and are being disposed of by this common order.

(2.) MANI Ram Yadav (Petitioner in CWJC No. 3304/1998) and Lallan Prasad Singh (Petitioner in CWJC No. 3340/1998) were constables in the Railways Protection Force. They were accused of committing murder of another constable RK/Jagdish Chandra of D.Coy 3 B.M.P. while on duty at Garhara yard in an occurrence giving rise to Barauni PS Case No.49/1985 dated 24.3.1985. In that case the two petitioners alongwith some other co -accused were tried for offences punishable under sections 302/120B of the Penal Code. They were convicted and sentenced to undergo life imprisonment by judgment and order, dated 18.14.1989 passed by the 3rd Addl. Sessions Judge, Begusarai in Sessions Trial No. 476/1986. Following their conviction, they were dismissed from service w.e.f. 18.12.1989 by an order passed by the Divisional Security Commissioner, Eastern Railway, Danapur under rule 161.1 of the Railway Protection Force Rules, 1987.The order of their dismissal was communicated to the petitioners under divisional order nos. 224/1990 and 225/1990 respectively both, dated 21.3.1990 (copies at Annexure 1 in each of the two writ petitions).

(3.) THE petitioners then preferred a departmental appeal against the order of their dismissal. The petitioners ' appeal was rejected by a brief order which reads as follows: