- (1.) The Union of India and its officers in the Railway Protection Force are in this special appeal against the judgment of the learned Single Judge dated 29 April 2015 quashing and setting aside the orders of the disciplinary authority dismissing the respondent from service and the orders passed thereafter in appeal and revision.
(2.) The respondent was posted as a constable in the 2nd Battalion of the Railway Protection Special Force at Gorakhpur and was deployed for the maintenance of law and order at the State Police Station at Pakshi Vihar at Unnao. The allegation is that at about 13:30 hours on 4 November 1990, he was found to be in a state of intoxication. The Assistant Commandant of the 2nd Battalion placed the respondent under suspension on 7 November 1990. On 30 November 1990, a charge sheet was issued to him under Rule 153 of the Railway Protection Force Rules, 1987(Rules). On 1 November 1991, the respondent was subjected to the penalty of removal from service against which an appeal and revision were dismissed on 22 May 1992 and 15 March 1993 respectively.
(3.) The respondent filed two writ petitions in order to challenge the order of removal and the orders passed by the appellate and revisional authorities. The writ petition challenging the order of removal and the appellate and revisional orders was allowed by setting aside the penalty imposed upon the respondent. The learned Single Judge noted that there were several defects in the inquiry, including the following : (i) Neither the report of the Enquiry Officer nor the report of the disciplinary authority established that the respondent was on duty at the time when he was alleged to be found in a state of intoxication; (ii) In the course of the inquiry report, statements recorded in the preliminary inquiry were relied upon; (iii) Evidence in the cross examination was not discussed; and (iv) A copy of the inquiry report was not supplied to the respondent and the same was furnished to him along with the punishment order as a result of which he had been deprived of his right of submitting a response thereto.;