SUNIL AMBWANI, J. - (1.) HEARD Sri Ashok Khare, Senior Advocate assisted by Sri Sanjay Kumar for petitioner and Sri Lalji Sinha, learned Counsel for the respondents.
(2.) THE petitioner was serving as Constable in Railway Protection Special Force (RPSF). In writ petition No. 18638 of 1993, he has sought directions to quash the orders dated 2 -11 -1991 passed by Commanding Officer 2nd Bn/RPSF/Gorakhpur, by which he was removed from service after a departmental enquiry; and the orders dated 22 -5 -1992 and 15 -3 -1993 by which his appeal and revision have been dismissed by Chief Security Commissioner/RPSF and Director General, Railway Protection Force respectively. In writ petition No. 4823 of 1991 the petitioner has prayed for quashing the orders dated 7 -11 -1990 and 3 -1 -1991 and to issue writ or mandamus directing the respondents to appoint a Gazetted Officer (Assistant Commandant) to conduct the D.A.R. Enquiry against the petitioner.
(3.) BRIEF facts giving rise to these writ petitions, are that while posted at Bird Sanctuary, Nawabganj the petitioner was charge -sheeted on 30 -11 -1990 by the Assistant Commandant -1, 2 Bn/RPSF/GKP, after a preliminary enquiry under Rule 153 of the Railway Protection Force Rules of 1987, for imposing major punishment. The two charges are quoted as follows: (1) Serious misconduct and remissness in that Const. 8258 Ram Nagina Yadav of 'B' Coy. 2 Bn/RPSF was detailed at Pakshi Bihar, Nawabganj/Azgain for law and order duties under State police on 4 -11 -90 being under influence of liquor, from where, he was brought by CHM B.B. Singh of B Coy on ground floor of the cafataria. He was directed by CC B Coy for medical examination through HC R.B. Pandey and NK Jiut Ram but he refused and used unparliamentary languages to CC B Coy full of abuses. (2) Constable/8253 Ram Nagina Yadav of B Coy also made a false allegations against CC Sham Lal of B Coy that he was assaulted and abused by him (CC). ;