Jayanta Kumar Biswas, J. - (1.) Writ petitioner is the appellant. By the impugned judgment dated 30th April 1998 a learned Judge of this Court dismissed appellant's writ petition which had been registered as Civil Order No. 11902 (W) of 1991.
(2.) The facts in brief: On 24th August - 1966 the appellant joined as a trainee Rakshak in the Railway Protection Force of South Eastern Railway. Under the Railway Protection Force Rules, 1959 (in short 'the R.P.F. Rules') he was required to undergo a training for eight months, and pass the test. Appellant failed in the test taken at the end of the training period. Further opportunity was given to him to pass the test taken at the end of extended training period. He again failed. In the circumstances in terms of rule 23 of appendix-'A' to the R.P.F. Rules he was discharged by the Assistant Security Officer by order dated 8th August 1967.
(3.) The said discharge order dated 8th August 1967 is quoted below: "S.E. Railway. D.C.No. 74/67. Date 8.8.1967 Trainee Rakshak R.P. Poddar of 30th Batch (detained) of R.P.F. (SHM Division) is not likely to prove a suitable member of the as he has proved incorrigible. He is the before, discharged from service w.e.f. 8.8.1967 P.N. and his name has been struck off from strength of T/RSK of RPFT/SKGP his name has been struck off from to 7.8.67 is treated as LWP. (Ref. CSO/KDC's order communicated under No. RPF/E./3-66/ TM 10550 dated 29.7.1967). Sd/- Assistant Security Officer (T). Kharagpur.";