- (1.)THIS is a writ petition under Article 226 of the Constitution of India for quashing the order dated 26-2-1998 (Annexure P-1) by which the petitioner has been removed from service.
(2.)IT is not in dispute that the petitioner was employed as a Constable in Railway Protection Special Force at Itarsi. He was placed under suspension by order dated 9-5-1997 (Annexure P-3 ). He was not paid subsistence allowance from 9-5-1997 to 29-10-1997 as per rules. He was served with a charge-sheet dated 3-11-1997. The charge against him was that he sat on "hunger strike" on 29-10-1997 and thereby he committed breach of Rule 147 (XV) of R. P. F. Rules, 1987. The petitioner was paid subsistence allowance upto 29-10-1997 on that very date. The petitioner submitted an application for payment of the subsistence allowance from 29-10-1997 but it was not paid to him. He did not participate in the inquiry which was held at Bina. The report of the enquiry officer was supplied to the petitioner with a show-cause notice. Thereafter the impugned order removing him from service was passed.
(3.)THE petitioner's case is that he was not being paid subsistence allowance as per rules and, therefore, to invite the attention of the authorities he sat in front of the Office of the Divisional Manager (Railways) and then the amount of subsistence allowance was paid to him on that very date. He denies having gone on hunger strike. The petitioner submitted application dated 2-2-1998 for payment of his subsistence allowance from October, 1997 so that he may participate in the inquiry. A copy of his application is Annexure P-7. But the petitioner was not paid subsistence allowance from October, 1997. According to him the report of the enquiry officer is perverse as he has not considered the effect of non-payment of subsistence allowance to him after the commencement of the department enquiry.