Sudhir Agarwal, J. - (1.) Heard Sri Ashwani Kumar Mishra, learned counsel for petitioner and Sri Praveen Kumar Srivastava, Advocate for respondents.
(2.) Writ petition is directed against order dated 28.05.1999 passed by Senior Divisional Security Commissioner, Railway Protection Force, Izzatnagar, Bareilly (hereinafter referred to as "Disciplinary Authority") imposing punishment of dismissal upon petitioner and appellate as well as revisional orders dated 15.11.2000 and 03.08.2001 whereby petitioner's appeal and revision has been dismissed.
(3.) Firstly, it is contended that first information report was lodged against petitioner for the same offence for which disciplinary proceedings initiated though it could not have been done and reliance is placed on this Court's judgment in Ram Surat Ram Vs. General Manager, Feeder Balancing Dairy, Varanasi, 2002 1 AWC 191. Secondly, it is contended that punishment imposed upon petitioner is highly disproportionate to the charge found proved and reliance is placed on Supreme Court's decision in State of Tamil Nadu vs. M. Natarajan, 1997 6 SCC 415. Thirdly, it is contended that Inquiry Officer found Charges-1, 2 and 4 proved and Charge-3 not proved but Disciplinary Authority without disagreeing to the findings of Inquiry Officer in respect of Charge-3 and without giving opportunity to petitioner, in punishment order disagreed with the findings and imposed punishment which is illegal and contrary to law laid down in Punjab National Bank Vs. Kunj Behari Misra, 1998 7 SCC 84.;