G. K. Mathur, J. - (1.) By means of this petition the petitioner has prayed for quashing of the orders passed by the Assistant Security officer Security Officer and the Chief Security Officer on 23rd June, 1982, 11th January, 1983 and 19th November, 1984 (Annexures III, X and XI) respectively and for a direction commanding the respondents to treat the petitioners in service as Rakshak with all benefits, pay and allowances.
(2.) The facts of this case, in brief, are that charge sheet No. P/In/G-32/81 dated 1st May, 1981 was issued by the Assistant Security Officer. Izzatnager, North-Eastern Railway under rule 45 of R. P. F. Rules, 1959 against Girja Shanker Misra the petitioner and one Kapil Deo Singh Rakshak relating to the occurrence. The said charge-sheet is reproduced below : ...[VERNACULAR TEXT OMITTED]...
(3.) Sri D. P. Pradhan Inspector, R. P. F., Bareilly conducted D. A. R., enquiry and submitted his report dated 4th November, (Annexure V) holding that the charges levelled against Girja Shanker Misra and Kapil Deo Singh stood not proved. The disciplinary authority-respondent No. 5 did not agree with the finding of the Enquiry Officer and a show cause notice dated 11th May, 1982 was given to the petitioner for removal from service. The petitioner gave a reply to the said show cause on 6/7 the June, 1987 (Annexure VII) but the disciplinary authority did not agree to the same and passed the order of removal of the petitioner and Kapil Deo Singh from service vide notice of imposition of penalty of removal from service dated 23rd June, 1982. An appeal preferred by the petitioner was dismissed by the Security Officer, North-Eastern Railway, Lucknow and the revision was also rejected by the revising authority on 19th November, lv84 (Annexure XI). The representation made by the petitioner dated 2nd March, 1985 to the Director General, R, P. F., New Delhi was rejected as not entertainable. The petitioner challenged the order of his dismissal from service before the Central Administrative Tribunal at Allahabad but his petition was rejected as not maintainable. The petitioner than filed this writ petition.;