Rakesh Tiwari - (1.) -Heard counsel for the parties and perused the record.
(2.) BY means of the present writ petition the petitioner has challenged the order dated 3.1.1997 passed by Senior Security Commissioner, Railway Protection Force, Allahabad whereby he was dismissed from service, the order dated 9.2.1998 passed by the Chief Security Commissioner, Railway Protection Force, Northern Railway, New Delhi and the order dated 12.10.1998 passed by the Director General, Railway Protection Force rejecting the revision filed by him. The case of the petitioner is that he was employed as constable in Railway Protection Force at G.M.C., Kanpur. He was served with a charge-sheet on 24.11.1995 levelling charges of misbehave with his Incharge and using unparliamentary language. Enquiry was conducted against the petitioner in which he was found guilty and was dismissed from service vide order dated 4.1.1996. Aggrieved by the aforesaid order dated 4.1.1996 the petitioner filed an appeal before respondent No. 3, the Deputy Chief Security Commissioner, Railway Protection Force which was allowed vide order dated 15.10.1996 remanding the matter back to the authority concerned for de novo enquiry under Rule 153 of the Railway Protection Force Rules.
(3.) THE petitioner was placed under suspension w.e.f. 15.10.1996 and de novo enquiry was conducted in which also the petitioner was found guilty and was dismissed from service vide order dated 3.1.1997. Feeling aggrieved by the order dated 3.1.1997 the petitioner again filed an appeal under Rule 212 of the Railway Protection Force Rules, 1987 before respondent No. 2, the Chief Security Commissioner, Railway Protection Force, Northern Railway Baroda House, New Delhi. When the appeal of the petitioner was not decided for a long time, he filed Civil Misc. Writ Petition No. 41537 of 1997 before this Court. The writ petition was disposed of vide order dated 11.12.1997 directing the Chief Security Commissioner, Railway Protection Force, Baroda House, New Delhi to decide the appeal of the petitioner within a period of two months from the date of production of a certified copy of the order. In compliance of the order of this Court, respondent No. 2 decided the appeal of the petitioner vide order dated 9.2.1998 rejecting the appeal of the petitioner. Then petitioner filed a revision against the order dated 9.2.1998 as well as against the removal order dated 3.1.1997 before the Director General, Railway Protection Force, Railway Board, Rail Bhavan, New Delhi, which was also rejected vide order dated 12.10.1998, hence this writ petition.;