- (1.) Heard learned Counsel for the parties.
(2.) The petitioner, Raj Kumar Mishra, who was dismissed from the post of Constable, while working in the Railway Protection Force, Northern Railway, has approached this Court by filing the present writ petition assailing the order of dismissal from services dated 30.5.1995 passed by the Senior Divisional Security Commissioner/ RPF, Northern Railway, Allahabad. The petitioner has also assailed the other orders dated 1.8.1996 and 24.12.1997, passed by the appellate and the revisional authorities, rejecting his appeal and the revision submitted by him.
(3.) It emerges from the record that at the relevant time, that is, on 7.12.1994, Constable Raj Kumar Mishra, the petitioner, was detailed to escort some wagons/FSLR of Train No. 3008 Down Express from Fatehpur to Allahabad. It has been alleged that the seal of the wagons was opened by the thieves between Fatehpur-Allahabad section of the Railway route and 17 packages were stolen. For this incident, the petitioner was charghesheeted on 27.1.1995. Three charges were levelled against him, firstly, that on 7.12.94, the petitioner was on escort duty of FSLR of Train No. 3008 Down Express and between Fatehpur to Allahabad Section, he failed to prevent theft of 17 packages from FSLR No. ER 6731 between Syedsarawan and Manohargang stations and failed to caught the thieves, secondly, on 7/8/December, 1994, on arrival of the Train No. 3008 Down Express at Allahabad, the petitioner had failed to detect that the seal of FSLR No. ER 6731 were defective and had obtained wrong remarks from the Guard of the Train and thirdly the petitioner, on 8th December, 1994, on his return, has not scribed any detail in G.D. about the incident and detention of the Train enroute. The enquiry was entrusted to Sri T.S. Tiwari, TPF 54 SFG to enquire into the charges levelled against the petitioner. Lateron Sri V.S. Tiwari was nominated as the Enquiry Officer to conduct the departmental trial. After completing the enquiry, the Enquiry Officer had submitted the enquiry report/findings on 4.5.1995.;