Girish Chandra Gupta, J. - (1.) The common question in all the three appeals is whether the dispensation of enquiry and dismissal from services without holding an enquiry was proper. The learned trial Judge has held against the employer. Accordingly, the employer-Union of India has come up in appeal. The order of dismissal reads as follows: "Whereas Sri S.M. Sharma of HSME out post joined his hands in the commission of a daring crime of 2556 pcs. of G.P. Sheets from Wagon No. W.R. 27004 Ex. SCOB to Gaziabad and PE 22771 Ex. SCOB to Okhala on the night of 7-10-1980 at Hirapur Exchange Yard which were very tactfully despatched by GA-1 up on 7-10-1980 at 8-30 hrs. after commission of the crime with seals skilfully manipulated and, Whereas the said Sri S.M. Sharma instead of performing his legitimate duties entrusted upon him, with obvious reasons aided, abetted and connived with the notorious gang leaders and their associates in the commission of the said crime which yielded a shortage valued at Rs. 25,05,061/- approximately thereby completely betraying the Railway Administration for sheer monetary gains, and Whereas the said Sri S.M. Sharma has been indulging in undesirable activities, intimidating the local inhabitants public residing in the elaka and making all possible wreckless efforts to spoil evidence in close association with the veteran criminals involved in this crime and his activities are considered prejudicial to the interest of the Railway Administration and against public interest and, Whereas in the interest of the Railway as also of the general public retention of Shri S.M. Sharma in Railway service any further is considered undesirable and, Whereas the undersigned is fully satisfied that the circumstances of the case are such that it is not reasonably practicable to hold an enquiry in the manner provided for the members of the Force under RPF Rules 44/45 & 46 of the R.P.F. Rules, 1959. Now, therefore, consider that the said Sri S.M. Sharma is not a fit person to be retained in service the undersigned, in exercise of the powers conferred on him under Rule 47 of the R.P.F. Rules, 1959 hereby removes the said Sri S.M. Sharma from service w.e.f. 06.02.1981. Sd./- S. Tanwar Security Officer".
(2.) The learned trial Judge following an earlier order of another Single Judge on an identical case allowed the writ petition and passed the following order:- "Under identical circumstances other orders were passed against the other petitioners and one of them come up before this Court in Civil Rule 1053(W) of 1981. In the said matter Ajit Kumar Sengupta, J. passed an order dated 1-6-1990 setting aside the order which is identical in nature of the order passed in the present application and His Lordship further directed that the petitioner would be reinstated forthwith and the period of suspension shall be treated as the period spent on duty for the entire period and that he shall be entitled to all service benefits excepting this that the petitioner in that case shall only be entitled to the monetary benefits to the extent of 50% of the arrear salaries which would have been payable to him had he continued in service. His Lordship further directed the respondents therein to pay all the arrears to the petitioner within eight weeks from the date of communication of this order. Let a copy of the said judgment be kept with the records of this case. This application is also disposed of by passing the following orders. The order impugned in this application passed on February 5, 1981 is hereby set aside. The petitioner shall be reinstated in service forthwith and he shall be allowed to resume his duty on production of a xerox copy of the operative part of this judgment. The entire period from the date of his suspension to the date of his resumption of his duty shall be treated as the period spent on duty. The petitioner shall be entitled to all service benefits including the annual increments and promotions, if any, during the period of suspension but the monetary equivalent of the notional benefits shall be limited to the extent of 50% of such benefit. All arrears shall be paid to the petitioner within eight weeks from the date of communication of this order."
(3.) Rule 47 of the R.P.F. Rules, 1959 provides as follows: "47. Special procedure in certain cases.- Notwithstanding anything contained in Rules 44,45 and 46 where a penalty is imposed on a member of the Force(a) on the ground of conduct which had led to his conviction on a criminal character or (b) where the disciplinary authority is satisfied, for reasons to be recorded in writing that it is not reasonably practicable to follow the procedure prescribed in the said Rules, the disciplinary authority may consider the circumstances of the case and pass such orders thereon as it deem fit.";