S.Banerjea, J - (1.) .-Both the appeals having arisen out of the same judgment and order passed in Civil Rule No. 4822(W)/77, the same have been, heard analogously and will be governed by the same judgment. Both the appeals having arisen out of the same judgment and order passed in Civil Rule No. 4822(W)/77, the same have been, heard analogously and will be governed by the same judgment.
(2.) The writ petitioner, who is the appellant in F.M.A.T. No. 2318/94 moved a writ application challenging the entire disciplinary proceeding initiated against him, including the finding of the Enquiry Officer, the second show cause notice, the final order passed thereunder as also the appellate order dismissing the writ petitioner from service.
(3.) The disciplinary proceeding was initiated against the petitioner, who was a head Rakshak of the Railway Protection Force at Adra, South Eastern Railway on the following charges :- "Ex. Md. Rj. 2689 R.P. Singh was chargesheeted under the Rule 44 of KPF Rules by ASO/Adra. The charges and statement of allegation read as follows :- 'Charge' Serious neglect of duty slack supervision and misconduct in that Hd. R.K. 2689 R.P. Singh while on party NCO duty from 08/08 hrs. at Burnpur Yard on 14.4.75. 3(three) bags of wheat were recovered by Sri K.S.S. Dutta, SI/RPF/Burnpur from Burnpur Yard at about 03/00 hrs. in between line No.5 & 6. 3 (three) open box wagons containing wheat covered with tarpoline Nos. SE 68343, SE 59580 and SE 8573 all Ex. HOM to Samastipur contg. 700 kgs. wheat each were standing in line No.3 just adjacent to these recovered bags which were evidently stolen from the above wagons. The Md. Rk. failed to prevent or detect the offence. He was found standing suspiciously along with beat duty Rk. 6694 P.B. Verma and RK. 1727 R.K. Singh and seal checking duty 6317 N.C. Banerjee at the time of recovery by the S.I. at a distance 20/25 of yards away from the recovered bags. Statement of allegation : Md. Rk. 2689 R.P. Singh while on party NCO duty at Burnpur yard on 14.4.75 there bags of wheat were recovered by Sri K.S.S. Dutta, SL/RPF/Burnpur from Burnpur Yard at about 03/00 hrs. in between line No.5 & 6. Three open box wagons contg. wheat covered with tarpoline Nos. SE 68343, SE 59580 all Ex. HOM To Samastipur contg. 700 bags wheat each were standing in line No.3 just adjacent to these recovered bags. Thus it was evident that recovered bags were stolen from the above wagons which he failed to prevent or detect. Rather he was found standing suspiciously along with beat duty RK. 6694 R.B. Verma and Rk. 1727 R.N. Singh and seal checking duty Rk. 6694 R. B. Verma and R.K. 1727 R.N. Singh and seal cheaking duty R.K. 6317 N.C. Banerjee at the time of recovery 20/25 yards away from the recovered bags. This amounts to serious neglect of duty, slack supervision and misconduct on his part and hence the charge.";