Patherya, J. - (1.) This appeal has been filed from the order dated 14th May, 2012. By the said order, the court below converted the order of dismissal passed by the Disciplinary Authority, affirmed by the order of the appellate authority and that of the revisional authority, to compulsory retirement.
(2.) A cross-objection has been filed by the writ petitioner/respondent. The only reason for such cross-objection is that the learned Judge did not seriously note the incorrect affirmation of affidavit by the appellant/Railway. No personal hearing was given to the writ petitioner/respondent before the revisional authority and the R.P.F Act and Rules also called for grant of full back wages and retirement benefits.
(3.) Counsel for the appellant submits that the writ petitioner/Respondent entered the Railway Protection Force (R.P.F.) as a constable in 1977. On 03.03.1992 he was to attend his duty at Sripur from Sitarampur and therefore on 7.03.1992 he had to discharge his duty at Sripur. But he did not discharge his duties on and from 07.03.1992. In the afternoon of 07.03.1992 an agitation of 150 persons under the leadership of Raj Kumar was engaged on the railway track of Sitarampur station. Therefore the train services were disrupted and the agitators demanded arrest of two R.P.F. personnel, one of them being the appellant. Although the respondent/writ petitioner was directed to proceed to Sripur for duty, he requested on the ground of ill health to return to Sitarampur and his immediate controlling officer, Sri Kapildeo Singh sent him from Sripur at 13.10 hrs. to revert back to Sitarampur. But he did not report at R.P.F. Post at Sitarampur and remained absent. The respondent/writ petitioner and another constable were placed under suspension w.e.f. 7.3.1992/8.3.1992. When the respondent/writ petitioner surrendered before the Court of the learned Additional Sessions Judge, Asansol, on 21.11.1992 he was sent to judicial custody on the same day and was finally released on bail on 25th January, 1993. Therefore on and from 7.03.1992 to 21st November, 1992 the respondent/writ petitioner absented from his duty. A charge-sheet was submitted under Section 153 of the 1987 Rules and on receipt of the said charge-sheet, the same was handed over to the respondent/writ petitioner. The respondent/writ petitioner submitted a defence statement dated 15th November, 1995 to the Enquiry Officer.;