CENTRAL GOVERNMENT OF INDIA Vs. SUDHIR KUMAR SINGH

JUDGEMENT

(1.) I.A. No.1024 of 2016 For the reasons mentioned in the application and there being no objection from Mr. Delip Jerath, learned counsel appearing on behalf of the respondent, delay of 70 days in filing the appeal stands condoned. I.A. No.1024 of 2016 stands allowed. L.P.A. No. 21 of 2016 The appellant-Central Government of India is aggrieved by the order dated 31.10.2015 passed in W.P.(S) No.2947 of 2012.

(2.) The brief facts of the case are summarised thus :- The respondent -writ petitioner was appointed as a Constable in Railway Protection Force in the year 1999. One Pradip Mandal lodged a report with the G.R.P., Ranchi alleging that one Constable of Railway. Protection Force, Ranchi, was demanding money from him. On 04.06.2009 a news item was published in Daily Newspaper 'Prabhat Khabar', that on 03.06.2009 one Constable was demanding bribe of Rs.10.00 from the vegetable vendor. A departmental enquiry was initiated against the respondent, in which three witnesses were examined. The enquiry officer submitted the enquiry report holding the charges proved and the Senior Divisional Security Commissioner, Railway Protection Force, South Eastern Railway, passed the order of removal from service on 29.04.2010. The appeal preferred by the respondent was allowed and a direction was issued for a fresh enquiry. Second time also the respondent was awarded a major penalty of reduction of pay in the time scale of pay by five stages lower for a period of two years with cumulative effect by the Senior Divisional Commissioner. The respondent challenged the said order before the appellate authority which issued show cause notice for enhancement of punishment to removal from service with immediate effect and finally vide order dated 21.10.2011 the appellate authority passed an order of removal from service with immediate effect, which was communicated through D.O. dated 03/04.11.2011. Further appeal preferred before the Director General/RPF was dismissed on 11.04.2012.

(3.) Heard.