A.K.Banerjee, J. - (1.) -The petitioner challenged the charge-sheet appearing at Page 31 of the writ petition.
(2.) The relevant paragraph of the said charge-sheet is quoted below as well as the order of suspension served by the respondents. "Statement of Charge. Discreditable conduct and indulgence in corrupt practice, in that Constable-8873, P.K. Dutta of RPY-Post/SRC(E), found demanding a copy from a passenger, Sri R.C. Choraria of 5/1, Motilal Mallick Lane, Calcutta-35, of 2652 UP. at H.H Station on P. No. 13, at about 22-40 Hrs. of 29-3-91, on the present of allowing him to carry un-backed luggage, as reported by Dr. S.C. Sahu, D.S.C/RPF/HRH Divn./E. Rly."
(3.) The principal ground of challenge are briefly as follows : Under Rule 135 Second Proviso the delinquent will have to be served with the charge-sheet within 30 days from the date of suspension wherein in the instant case the charge-sheet was submitted beyond 30 days and hence the order of suspension is liable to be revoked on the said ground alone. 135 Second Proviso is quoted below : "Provided further that charge on which a member has been placed under suspension shall be furnished to him within a period of thirty days from the date of suspension after which the incumbent shall be deemed to have been reinstated if no such charge is made available to him.";