U.C. Banerjee, J. - (1.) This writ petition is directed against an order of removal passed by the appropriate authority and an appellate order passed by the appellate authority as against the writ petitioner.
(2.) From the records it appears that the petitioner was appointed at Rakshak by the Assistant Security Officer, Eastern Railway, Chittaranjan Locomotive Works and posted at Chittaranjan.
(3.) On 1st July, 1977 HR/Driver Ramjee Buran was caught with some materials at G.M. Gate in Truck No. WBR-1A. It was alleged that the driver entered the workshop at about 6.30 hours for getting right head light of the truck repaired in the T.P.T. shop and at about 30 hours the driver approached the G.M Gate with the above Truck from inside the workshop. Rakshak Indrajit Tewary and Audesb Singh stopped the truck by hand signal, Indrajit Tewary noticed two uniformed Rakshaks fled away from the cabin of the truck inside the shop but could not recognise them. Officer in Charge on receiving the above incidents rushed on the spot and met Inspector Protection Force and as per his instruction materials were seized. On the said date, it has further been alleged, that the driver while making a statement before the Officer-in-Charge recorded that at about 6.30 hours he entered the shop for repairing but was told to come later on. In the meantime, the driver felt the call of nature and went to attend the nearby lavatory and came to the truck at about 7.00 hours and at that juncture it was further stated that three Rakshaks including the petitioner requested him to allow them to keep some materials like Tawa, Chula etc. but as he did not allow them three Rakshaks forcibly kept the materials in the truck and went away towards the G.M. Gate. A fact finding enquiry was set up wherein the statements of relevant witnesses were recorded. Subsequently, however, on 9th of August, 1977 a charge sheet was issued as against the writ petitioner wherein the statement of allegations recorded serious misconduct. The statement of allegation recorded that the petitioner loaded unauthorisedly some materials which the petitioner was carrying on the truck No. WBR-1A near TPT at about 7.30 hours inside the workshop which was detected at the administrative gate where the petitioner managed to escape. A reply was submitted to the charge sheet denying the charges. Thereafter, the Enquiry Officer conducted the enquiry and came to a finding of not guilty as against the petitioner and one Madan Turi. A categorical finding of guilt was arrived at as against the driver Ramjee Burah The Enquiry Officer recorded the evidence of P.W.1 Rakshak Indrajit Tewary. In the report of the Enquiry Officer it appears that in answer to the question raised by the defence helper, Indrajit Tewary said that he saw two other person who were sitting on the driver's cabin managed to escape from other side gate door but he could not recognise them, but they were in uniform having R.P.F. badges. Tewary went on to say further that he inquired about two persons who escaped from driver's cabin but the driver did not say anything about the identity.;