A.K.Banerjee, J. - (1.) The writ petitioner was a constable in the Railway Protection Force. He was charge-sheeted by the authority and proceeded departmentally. The writ petitioner ultimately suffered the order of removal from service.
(2.) The charges framed against the writ petitioner are quoted below; ?(I) Const. 8433 M.D. Das of DPS is charged for gross mis-conduct, neglect of duty, failure to maintain absolute integrity and devotion to duty and commission of an offence in that he while on duty at beat Nos. 4, 5, 6 of DPS yard from 12.00 hrs. to 24.00 hrs. on 29.4.94 some outsiders trespassed into the yard which was very much within his knowledge inasmuch as that he allowed them to commit theft of nut coke coal from the coal rake of train No. E/BSPX Spl. stabled at line No. 6 within his duty hours which was subsequently seized and recovered by OC/DPS on 30.4.94 weighing approx. about 22.5 Qtls who Regd. case No. 5/94 date. 30.4.94 and thereby aided and abetted the commission of theft and has thus violated Rule 146-2 147(XXII) of RPF Rules and Rule 3 General (I) (i) (ii) of Railway servant conduct rules 1966. (II) Const. 8433 M.D. Das, of DPS is charged for misconduct and commission of offence in that a case was Regd. No. 5/94 dated 30.4.94 on the basis of recovery of coal (shown under item 1) against the accused (outsiders) and M.D. Das for such theft and that Sri Das to avoid such arrest remained traceless and absented from his working post from evening of 3.5.94 to 5.5.94 without any intimation and authority to his controlling officer and has contravened Rule 147(vi) of RPF Rules, 1987. (III) Const 8433 M.D. Das, of DPS is charged for his misconduct, gross insubordination and commission of an act in that Shri Das when was forwarded to the Court of Rly. Magistrate on 6.5.94 being legally arrested on 5.6.94 by OC/DPS duly hand cuffed as an accused to the case cited above assaulted Shri A. Singh, OC/RPF/DPS superior to him in rank by use of criminal force on the left ear by fist blow resulting injury and thereby has violated rule 146.5(b) and 147(xii) and (xiii) of R.P.F. Rules, 1987.?
(3.) The writ petitioner preferred an appeal from the order of removal from service. The appellate authority also affirmed the punishment given by the disciplinary authority. Hence, this writ petition.;