R.B.Misra, J. - (1.) Heard Sri A.B. Singh, learned Counsel for the petitioner, and Sri Tarun Verma, learned Counsel for the respondents.
(2.) In this petition prayer has been made for quashing the impugned order dated 31.10.1995 passed by the Divisional Security Commissioner, Railway Protection Force, Varanasi terminating the service of the petitioner on the allegations of absence from duty without proper intimation and also for overstaying without sanctioned leave without sufficient cause.
(3.) It appears that the petitioner was appointed in the Railway Protection Special Force (hereinafter in short called as 'RPSF') on 1.5.1967 and he was transferred to Railway Protection Force (hereinafter in short called as 'R.P.F') on 5.9.1981. As per his service record, during tenure of his service in R.P.S.F. and R.P.F. the petitioner was punished on nine occasions. The petitioner was given weekly rest on 16.11.1994 and he was to present on duty on 17.11.1994, however, he absented himself from duty without any authority. The petitioner was informed by ordinary letter followed by registered letter at his residential address indicating him to join the duty, but no reply was received from his side, therefore, after lapse of nine months the Assistant Security Commissioner, R.P.F., Varanasi proceeded against the petitioner under Rule 153 of the Railway Protection Force Rules, 1987. For this purpose, a charge-sheet was issued against the petitioner on 8.8.1995 on the following charges : "He was spared to avail one day Rest on 16,11.94 thereafter he was required to pick up duty on 17.11.94 from 16/- hrs. But he failed to report for duty and is over-stayed with effect from 17.11.94 without any proper authority.";