Anjani Kumar, J. - (1.) This is a writ petition by the petitioner who was working as Head Constable in the Railway Protection Special Force at the relevant time and was posted at the RPSF Out Post, Butari Railway Station in Punjab on 29th September 1989. The petitioner, who was posted at the aforesaid Railway Out Post, as alleged by the petitioner was taken over by the terrorists armed with revolvers and AK-47 rifles. The terrorists took over the entire arms and ammunitions leaving behind some ammunitions. As a consequence of the above the petitioner was charge-sheeted by the respondents. The petitioner was suspended by order dated 3rd October 1989 and was attached to Headquarters No. 2 Bn. Railway Protection Special Force, Rajahi Camp, Gorakhpur (U.P.).
(2.) The petitioner was issued a charge sheet by order dated 19th October 1989 which has been annexed as Annexure-1 to the writ petition. The charges leveled against the petitioner run as under:" Charges. 1. Gross Negligence in that while he was on duty as the Party Incharge of the Rly. Station Guarding of RPSF party at Butari Rly. Station failed on 29.9.1989 at about 20.30 hrs to discharge his duty as the Party Incharge/Guard Commander which resulted snatching/looting of Arms/Ammunition of the detachment. Moreover, due to his lack of control and command Constable Mahatam Rai could not be available at the Butari Rly. Station at the time of occurrence and on duty sentry CT Las Chand Yadav also remain Inactive. 2. Cowardiceness. In that while on duty on 29.9.89 at about 20.30 hrs at Butari Rly. Station as party incharge/Guard Commander, instead resisting, he himself surrendered to the threatening of terrorists and also made other members of his detachment including the sentry on duty to similar action and thereby got the Arms/Ammunition looted/snatched by the terrorists."
(3.) The petitioner submitted his written statement to the charges on 22nd December 1989. A copy of the said statement is Annexure-2 to the writ petition. The petitioner's defence was that the outpost was raided by terrorists and the petitioner was overpowered by terrorists with AK-47 rifles pointing at his head and threatening of the life if any resistance was offered. In that circumstances the petitioner had no remedy except to surrender to the wishes of the terrorists. It is also defence of the petitioner that the petitioner has been denied and deprived of legal rights as provided under Article 311 of the Constitution of India and also under the provisions of Public Servant Enquiry Act, under the RPF Act, 1957 and RPF Rules 1987. The petitioner's further stand is that proceedings have been initiated against the petitioner under Rule 153 of RPF Rules, 1987 which (sic) down procedure for imposing major punishment. According to the petitioner this Rule 153 has been annulled by the Lok Sabha vide Lok Sabha Bulletin Part II, Motion No. 2164 dated 16th March 1988 and as such the charge sheet, enquiry and the penalty imposed are absolutely illegal and invalid. According to petitioner no trial as contemplated under Section 17 of RPF Act was held. Consequence upon the aforesaid charge sheet and the submissions of the petitioner, the petitioner along with others was directed to appear before the Enquiring Authority who conducted the enquiry which according to the petitioner was against the principles of natural justice. The Enquiring Officer submitted its report to the Disciplinary Authority. The Disciplinary Authority passed order dated 26th March 1990 dismissing the petitioner from service. Against the order dated 26th Marc 1990 dismissing the petitioner from service the petitioner submitted an appeal. The appellate authority by its order dated 31st January 1991 rejected the appeal filed by the petitioner. Against the appellate order dated 31st January 1991 the petitioner filed a revision before respondent No. 2 which has been dismissed by the revisional authority, respondent No. 2, by its order dated 10th June 1991. It is these orders, namely, the order passed by the revisional authority dated 10th June 1991, the order of the appellate authority dated 31st January 1991 and the order dated 26th Marc 1990 dismissing the petitioner from service have been challenged by means of this writ petition on the ground: 1. Because Rule 153 of RPF Rules prescribing punishment stands annulled by Lok Sabha vide its Bulletin Part II, Motion No. 2164 dated 16.3.1989 so far it relates to Punjab, as such the charge sheet, the enquiry and order of penalty imposed stand vitiated. 2. Because proceedings beginning from the charge sheet and enquiry is contrary to the mandatory provisions of Rule 151 of RPF Rules. 3. Because all the 8 accused persons have been charged and prosecuted and 5 have been retrained in service while the petitioner along with 2 others has been dismissed from service and the petitioner has been denied the benefit of equality before law and equal protection guaranteed by the constitution, as such the order passed against the petitioner deserves to be quashed.;