BUGAL PRASHAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution by one Bugal Prashad a confirmed Assistant Station Master of the Western Railway against an order of the Divisional Operating Superintendent, Jaipur, dated 6-2-58 removing him from service for seiious misconduct which was confirmed on appeal by the Divisional superintendent, Jaipur, or. 22-3-58.

(2.) THE facts which have given rise to this application arc these. The petitioner was working as Assistant Station Master, Malakhera from 31-5-55 when information was given to the police that he had demanded a bribe for booking a grinding stone. A trap was laid on 4-2-56 and it is alleged that currency notes of the value of Rs. 4/- were recovered from the pocket of the coat of the petitioner by S. I. Mohan Singh, Special Police Establishment, who held a police enquiry into the matter. For some reason which does not appear from the record the petitioner was not prosecuted in the criminal court for the alleged offence of accepting a bribe but was dealt with departmentally on the report of S. I, Mohan Singh himself.

(3.) ON receipt of above report a chaise was framed against the petitioner to the effect that he had accepted a bribe of Rs. 4/- from one Sheoji Ram for booking a grinding stone on 4-2-56. The petitioner denied the charge. His case was that he had been falsely implicated at the instance of a railway employee namely Ehawani sahai whom he had got evicted from the railway quarters. It was alleged by him that when he had gone out to fetch a pencil leaving his coat on his chair the currency notes of Rs. 47- were planted in his pocket and when he was in the act of wearing the coat the police caught him and recovered the money.