Rakesh Tiwari - (1.) -Challenge in this petition under Article 226 of the Constitution is to the charge-sheet dated 11.6.1984, the enquiry proceedings and show cause notice pursuant thereto and order dated 2.3.1984 passed by the Director General, Railway Protection Force setting aside the order dated 22.3.1983 passed by Chief Security Officer, Railway Protection Force, Eastern Railway, Calcutta-respondent No. 2 and the order dated 9.7.1986 passed by Commandant, Railway Protection Force, Eastern Railway, Mughalsarai removing the petitioner from service.
(2.) THE facts leading to the filing of the writ petition are that the petitioner was posted as Rakshak in the Railway Protection Force. His services were terminated vide order dated 18.12.1981 passed by the Assistant Security Officer, Railway Protection Force (for short 'R.P.F.') Mughalsarai on the ground of negligence on duty on 30.1.1981, 18.1.1981 and 25.3.1980. The aforesaid order was challenged by the petitioner in appeal before the Chief Security Officer, which was allowed vide order dated 22.3.1983 holding that the petitioner would be deemed to be on suspension from the date of termination till the date of assumption of his duties. Thereafter, another charge-sheet dated 11.6.1984 was served upon the petitioner levelling the same charges which were the subject-matter of challenge in the order of termination dated 18.12.1981 and validity and correctness of which had been challenged in the present writ petition.
(3.) AT the time of admission, the following interim order was passed : "Hon'ble A. N. Varma, J. Hon'ble J. N. Dubey, J. Issue notice. Meanwhile, until further orders of this Court no punishment shall be awarded to the petitioner in pursuance of the impugned notice (Annexure-8 to the petition). The petitioner may, however, show cause in the meantime against the impugned notice. Dt. 26.4.1985 Sd. A. N. Varma, J. Sd. J. N. Dubey, J." As stated above, the aforesaid order was set aside by the Chief Security Officer vide order dated 22.3.1983. Thereafter, order dated 22.3.1983 passed by the Chief Security Officer was set aside by the Director General, Railway Protection Force vide order dated 2.3.1984 in exercise of suo motu powers of review under Rule 60 of the Railway Protection Force Rules, 1959 and departmental charge-sheet dated 11.6.1984 was issued. After conclusion of departmental proceedings, the services of the petitioner have been dispensed with vide impugned order dated 9.7.1986.;