BRAHMDEO OJHA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners, who were Senior Rakshaks (Senior Constables)/Rakshaks (Constables), having been found involved in theft were removed w.e.f. 1st December, 1981 vide order dated 27th November, 1981, issued by Assistant Security Officer, Railway Protection Force, Eastern Railway, Dhanbad (for short RPF) under the Rule 47 of RPF Rules, 1956. They challenged the orders of removal, all dated 27th November, 1981 before the Calcutta High Court in Civil Order No. 15157 (W) of 1981, which wad dismissed by the, learned Single Judge vide judgment dated 27th May, 1982. The appeals being F.M.A.T. Nos. 1570 and 1574 of 1982 preferred by petitioners were also dismissed by a Division Bench of the Calcutta High Court on 20th June 1984. The Supreme Court also upheld the Judgment in SLP (Civil) Nos. 8224 -9020 of 1984 vide its order dated 6th December, 1985 with the following observation :

(2.) THE petitioner, Shiva Shankar Singh of CWJC No. 11253/2000 (P), in fact, sat tight over the matter after the judgment of the Supreme Court and did not choose to prefer any appeal.

(3.) BEFORE deciding, the issue, it is desirable to notice certain facts as highlighted by petitioners in these writ petitions.