Decided on August 07,1996

UNION OF INDIA (UOI) Respondents


T. Chatterjee, J. - (1.)This writ application has been moved against the order of dismissal passed by the appellate authority dated June 14, 1988, which is Annexure 'I' to the writ application. It confirmed the decision of the disciplinary authority dismissing the writ petition from service.
(2.)At the material point of time, the writ Petitioner was posted at Up Post at Mughalsarai although his permanent posting was at Gaya which was his Headquarters. The writ Petitioner was booked for escort duty in EC -196 Dn. Train. When the train reached Saiyadraja (hereinafter referred to as SYJ.) at about 4.15 hours (early in the morning), where it stopped for about 35 minutes, the writ Petitioner and another Rakshak Sri Sarjoo Prasad were assigned and they performed a patrol duty at both sides of the train on January 14, 1976.
(3.)According to the writ Petitioner, the said night was very cold and dark and the train was a long one with 70 wagons. The very 'mode of duty of patrolling, the train was to move upto the engine and then back to the guard's brake van and repeat. According to the Petitioner, in course of such patrolling, while the Petitioner was moving from the rear side to the engine of the train, the Petitioner along with the other Rakshak, Sri Sarjoo Prasad found that some miscreants were active and were removing bags from wagon No. 16 from the engine. The writ Petitioner along with the said Rakshak, Sarjoo Prasad suddenly rushed to the spot and ultimately with the help of other Rakshaks, recovered the three bags which were found containing sugar out of which one was intact and the other two bags were found open. Ultimately, the said three bags were brought back to the station and against a proper receipt, the writ Petitioner and Sri Sarjoo Prasad handed over the same to the Head Rakshak there on the same date, i.e. on January 14, 1976. Sometime in the month of February, 1976, the Petitioner was served with an order being Regional Order No. dated February 13, 1976 issued by the Security Officer, Railway Protection Force, Mughalsarai purporting to remove the Petitioner from service for the alleged ground of misconduct and negligence of duty while on escort duty in Train No. EC -196 Dn. which arrived SYJ, on January 14, 1976.

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