M.H.S.Ansari, J. - (1.) -As identical notices have been issued by the Enquiry Officer in relation to a charge sheet issued by the same disciplinary authority levelling identical charges against the respective petitioners in the above three writ petitions and are subject matter of challenge. The three writ petitions have been heard analogously and are being disposed of by this common judgment and order.
(2.) For the sake of convenience, the facts in W.P. No. 8131 (W) of 1996 have been noticed in this judgment and order. The facts in the other two writ petitions being identical.
(3.) The petitioner while working as Constable under Railway Protection Force was proceeded with departmentally and a charge sheet was issued. The charge and the imputation levelled against the petitioner read as under; "Cons/8103 Uma Kant of RPF Post/Andal (P) is charged for active connivance in a theft case of sugar from Rly. Wagons in that- On 6-1-93 while he along with Nk/1508 R.N. Singh, Cons/8980 K. Nath and Cons/3924 S.D. Ram was detailed for duty at West Dn. Departure yard/UDL From 08/00 hrs. to 20/00 hrs. Officers of UDL (P) Post, IPF/Inv. ASN with staff of C & TE/ASN under directed supervision of ASC/RPF/UDL arrested three persons while carrying bags of sugar from West Dn. Dep. Yd. UDL towards main line/Andal after committing theft from Rly. Wagons stabled in above yard. Many other criminals fled away leaving 30 bags of sugar weighing about 850 Kgs. which were seized in presence of the witnesses. Hence, the charge.";