R.H. Zaidi, J. - (1.) Heard learned counsel for the parties. By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 5.12.1986 whereby the petitioner was removed from the post of Rakshak (Constable) in Railway Protection Force and the order dated 8.4.1987 whereby the appeal filed by the petitioner has been dismissed by the Appellate Authority.
(2.) It appears that in the night between 29/30th September, 1982 that 21 bags of wheat were found missing at Jafrabad Railway Station. At the time of inspection of the wagon, the petitioner, one Head Constable and three more constables were found on duty. Thereafter, on 19.9.1985 a show cause notice was issued to the petitioner and other co-accused persons, the reply of which was given by them. Inquiry was conducted by the Inquiry Officer and the petitioner along with co-accused persons were afforded full opportunity to defend themselves. The Inquiry Officer submitted the report against the petitioner and other co-accused persons holding that the charges levelled against them were fully proved. After receiving the report of the Inquiry Officer and after following the procedure prescribed for the same, the disciplinary authority passed an order of removal, which is impugned in the present petition. Challenging the validity of the said order, the petitioner filed an appeal, the same was also dismissed. Hence, the present petition.
(3.) Learned counsel for the petitioner submitted that the procedure prescribed under the law was not followed by the authorities below and the petitioner was removed from the post of Constable illegally. On the other hand, learned counsel appearing for the respondents supported the validity of the impugned orders. It has been submitted that the procedure prescribed under the law was fully followed and full opportunity of hearing and to produce evidence was afforded to the petitioner. The impugned order were passed thereafter. Therefore, the writ petition was liable to be dismissed, as the same had got no merit.;