Sunil Ambwani, J. - (1.) Petitioner has prayed for quashing the orders dated 5.12.1985 passed by the Commandant/Railway Protection Force. Northern Railway, Lucknow, by which he was removed from service ; order dated 8.4.1987 rejecting the appeal by Deputy Inspector General/ Railway Protection Force, Northern Railway, Baroda House, New Delhi and order dated 5.7.1989 dismissing the revision of the petitioner by Director General/ Railway Protection Force, Railway Board, New Delhi.
(2.) I have heard Ms. Suman Sirohi, learned counsel for the petitioner and Sri Lalji Sinha, learned counsel appearing on behalf of the respondents.
(3.) Petitioner was a member of the Railway Protection Force. Northern Railway and was posted as Rakshak at Varanasi. On 26.9.1983/ 5.10.1983, the petitioner was served with charge-sheet No. E/DC/5/BSB-64 (44), in an enquiry contemplated under Rule 44 of the Railway Protection Force Rules, 1959, after holding preliminary inquiry pertaining to the theft of twenty one bags of wheat from wagon No. SR 12700 Ex. Hardoi to Canning stabled in Zafrabad siding on 29.9.1982. The charge read as follows : "Head Rakshak Ram Sagar Singh and Rakshaks Kamla Prasad Verma, Lalta Prasad, Kashi Nath Misra and Jia Lal Pandey of 36 Coy. Faizabad are charged with serious misconduct, gross remissness and unfit for the force in that while posted at Zafrabad Railway Station during September. 1982, they committed theft of 21 bags wheat valued Rs. 2,625 approx, from wagon No. SR-12700 Ex. Hardoi to Canning stabled at Zafrabad siding on 29.9.1982 during duty hrs. of R.Ks. Lalta Prasad and Kamla Prasad Verma from 00 to 0.8.00 hrs. shift and during duty hrs. of Rakshak Kashi Nath Misra from 16.00 hrs. to 24.00 hrs. shift the same day and manipulated the seals of the Wagon.";