MAHABIR ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) The plaintiff -appellant was employed as a Rakshak in the Railway Protection Force and was removed from service in 1969 by the order in Ext. E, following disciplinary proceeding. He has challenged his removal illegal, unconstitutional and void in the present suit.

(2.) The suit was decreed by the trial court, but on appeal, the learned Subordinate Judge, Begusarai, has reversed the Munsif's decision and dismissed the suit.

(3.) In 1967, the plaintiff was posted at Garhara Railway Yard A charge -sheet was served on him alleging that he was detected to be carrying a beg containing ten seers of rice, near the Loco Shed of Garhara Yard by his superior officer and on being challenged he confessed of having illegally removed the the articles. Instead of prosecuting the goods from thieves, he himself, according to the charge, was guilty of stealing, A departmental enquity was thereafter commenced in which the charge was held to have been proved. Consequently the order in Ext. E was passed.