LADU KISHORE DASH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner has prayed for quashing the impugned order of removal from service dtd. 25/11/2020 as well the impugned order dtd. 20/1/2022, passed by the Appellate Authority and the impugned order dtd. 11/5/2023, passed by the Revisional Authority. Petitioner has further prayed for a direction upon the respondents to release salary, dues, increments and payments right from the period of suspension dtd. 13/1/2020 between the period of removal from service dtd. 25/11/2020 till reinstatement in service.

(3.) According to the petitioner, he was holding the post of Inspector, Railway Protection Force. While posted as Inspector, Railway Protection Force, South Eastern Railway, Jharsugda, Chakradharpur Division, South Eastern Railway, the petitioner was put under suspension by an order dtd. 13/1/2020, issued by the respondent no. 6 and was attached to Divisional Security Control, Chakradharpur. The Disciplinary Authority (Respondent No. 7) had associated himself in conducting fact finding enquiry against the petitioner prior to issuance of Memorandum of Charge in examining the Prosecution Witness nos. 4, 7, 9, 17 and 18. These witnesses were educated and guided by the respondent no. 7 to depose statements before Sanjay Bhagat, the Assistant Security Commissioner, who was further appointed for conducting fact finding enquiry. It is case of the petitioner that act of the respondent no. 7 of proctoring the witnesses shows that he had associated himself in the fact finding enquiry and had also acted as a Disciplinary authority, which is violation to Circular issued by the Railway Board No. E/D(A) 63 RG-16, dtd. 23/12/1968.