Decided on May 31,2007

Ct. KrishanKumar Appellant


S.N. Aggarwal, J. - (1.) THE question that calls for determination in these writ petitions is whether there is any bar to, or prohibition against, initiating simultaneous criminal proceedings and disciplinary proceedings.
(2.) THE factual matrix giving rise to the above question is as follows. Constable Krishan Kumar and Head Constable Ram Chander are employees of Railway Protection Force. They along with their other colleagues were on duty of escorting the Train No. 8237 -UP Chattisgarh Express from New Delhi to Jalandhar City on 1/2 -7 -2006. In discharge of their duty, they boarded the Sleeper Coach No. SP -1 SE C 88211. The passengers traveling in this Coach complained to the escorting party that a man was roaming here and there in Coach and was behaving in a suspicious manner. The escorting party went to investigate from the person, who, on questioning, became aggressive and started to misbehave with the members of the escorting party and created a ruckus in the Sleeper Coach. After the train left Saharanpur Station, Head Constable Ram Chander (petitioner in writ petition(C) No. 2385/2007) informed ASI Ran Singh, in charge of the escorting party through wireless set. On investigation and interrogation by ASI Ran Singh, the above person's name was disclosed as Kuldeep Panwar, s/o Rampaul, c/o Satender Singh Rana, r/o DSO Compound, Saharanpur. It was revealed that the person was having a ticket to travel up to Saharanpur and was traveling unauthorisedly in the reserved Coach. In the course of interrogation the said Kuldeep Panwar also misbehaved with ASI Ran Singh by exhibiting aggressive behavior. It is alleged that ASI Ran Singh prepared a memo/Superdaginama in the prescribed format about the activities of said person Kuldeep Panwar. He also informed the RPF staff at the Ambala Station through his wireless set and requested them to be present near the Coach. When the train reached the Ambala Station, S.I. Mahinder Singh Meena of RPF Post, Ambala boarded the train in response to the wireless message given to RPF, Ambala by ASI Ran Singh. It is stated that since the passenger, Kuldeep Panwar, was unauthorisedly traveling in the reserved Coach, TTE AK Singh challaned him for unauthorised traveling and issued a receipt for the same. Kuldeep Panwar is alleged to have admitted his guilt before TTE AK Singh in writing. Thereafter the above -named Kuldeep Panwar alighted from the train at Ambala. The petitioners along with other members of the escorting party escorted the train to its destination till Jalandhar City. After the train returned from Jalandhar City, ASI Ran Singh (in charge escorting party) submitted a report of the incident to Inspector in charge, Delhi Kishan Ganj Post. On the receipt of the report, the Inspector in charge recorded the statements of the escorting party.
(3.) ON 2.7.2006 at 22:05 hours in the night the passenger Kuldeep Panwar lodged an FIR against the petitioners at Police Station GRP, Saharanpur vide FIR No. 111/06 under Sections 384/342/504/506/323 IPC alleging therein that the escorting party had forcibly confined him and snatched Rs. 500/= from his pocket and threatened him of grave consequences if he revealed this incident and was then let off at Sirhind Station. Copy of the FIR registered at Saharanpur was transmitted to RPF Post, Delhi and on the basis of the said FIR, the petitioners were placed under suspension on 4.7.2006. On 6.7.2006 the petitioners were dismissed from service in exercise of powers conferred under Rule 161(ii) RPF Rules, 1987 stating that it was not reasonably practicable to hold an enquiry under Rule 153 RPF Rules before imposing the punishment.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.