- (1.) THE petitioner, who had been working as Assistant Security Commissioner/Assistant Commandment with the Railway Protection Force (RPF) and retired on 31.12.2013, has questioned in this writ petition, the legality and validity of the order dated 30.06.2014 (Annexure -1) passed by the Director General/RPF in disposal of the legal objections against the charge -sheet dated 03.12.2013, served on the petitioner on 16.12.2013.
(2.) THE petitioner has been served with the charge -sheet aforesaid, essentially carrying the imputations of misuse of railway passes, as also of travelling with the family on the same railway pass twice. Apart from refuting the charges and maintaining that the allegations against him in the charge sheet pertain to the year 2008 and are obsolete, the petitioner is questioning the charge -sheet also on the ground that the Director General/RPF had no power/authority to institute the disciplinary proceedings by issuing charge -sheet against him under the Railway Servants (Discipline and Appeal ) Rules, 1968 (''the Rules of 1968') .
(3.) THE petitioner earlier filed a writ petition in this Court, being Writ Petition No. 5937 of 2014 against the charge sheet aforesaid. This Court disposed of the said writ petition by its order dated 29.01.2014 and, while leaving it open for the petitioner to raise all the legal objections in his reply to the charge sheet, directed the authority concerned to examine the objections raised and to decide the same by means of a reasoned order. This Court, inter -alia, observed and directed as under: "We are of the considered opinion that the order of the president may exist on the file or otherwise there may be a special or general order designating the competent authority to act as the disciplinary authority for the officer of the cadre of the petitioner. This is essentially a question of fact, so far as the order dated 30.3.2009 is concerned, we find that it contains no reasons on the merits of the charges. We feel that interest of justice would be served by disposing of the present petition with the following directions: - The petitioner may raise all such legal objections as may be advised in his reply to the charge sheet before the authority, namely, Director General who has issued the charge sheet along with his reply to the merits of the charges within four weeks from today along with certified copy of this order. The authority shall examine the objections raised and shall decide the same by means of a reasoned order. It is ordered accordingly. With the aforesaid observations, writ petition is disposed of." After the order aforesaid, on 14.03.2014, the petitioner submitted his reply to the charge -sheet on merits of the charges and also raised the legal objection questioning the power and authority of the Director General to issue the charge -sheet to him. The petitioner has now been served with the order of the Director General/RPF dated 30.06.2014 rejecting the objection taken by him.;