Mahitosh Mozumdar, J. - (1.) This writ petition is directed against the Memorandum of Charge-sheet being No. PF/195/76 dated 9/19.11.76 issued by the Assistant Security Officer, Eastern Railway, Asansol, departmental H proceedings arising out of the said charge-sheet and the finding of the Enquiry Officer dated 26/2/78, Memorandum No. PF/105/76 dated 24/10/78 issued by the Assistant Security Officer, Eastern Railway, Asansol and Regional Order No. 956/79 dated 25/7/79 and the Office Order No. PF/105/76 dated 25ih July, 1976 respectively issued by the Assistant Security Officer, Eastern Railway, Asansol.
(2.) This case presents an unfortunate chapter of administrative inertia and callousness having sweeping grip over the Administration of Railway Protection Force. From objective reading and effective perusal of the record of the present case, it appears that service career of an employee by reason of extreme form of arbitrariness has been fastened with the order of removal of service, which affected the petitioners livelihood. The petitioner was compelled to sustain the f prolonged agony and deprivation of livelihood. The concerned respondents without having any regard to the materials on record and consideration of the basic grievances of the petitioner in careful manner held enquiry proceeding, issued a show-cause notice and passed an order of removal in clearest and grievous violation of the rules of Railway Protection Force Rules, 1959 (For short the said Rule hereafter) in particular sub-rules 8, 9 and 10 of Rule 44 of the said Rules. The petitioner, a member of the Railway Protection Force at s the material time, held the post of Rakshak, Eastern Railway, Asansol, The petitioner was charge-sheeted vide Order No. PF/105/76 dated 9/19.11.76 which reads thus:- "Sri K. B. Chhetry, R. K. is hereby charged for gross misconduct in that on 7/9/75 he was detailed for Armed Patrolling duty from 00 to 08 hrs. at the New UP Receiving Yard under the IPE (DN)/Post/Asansol when he failed to prevent and detect theft of three bales of CP goods from Wagon No. WR 82109 Ex Howrah to Dhanbad standing on line No. 4 of New Up Receiving Yard/ Asansol."
(3.) The charge was framed on the basis of complaint and report dated 7/9/79 made by the Inspector, Protection Force, Dn/Asansol. copy of the Memorandum of Charge-sheet together with the unsigned statement of allegation dated 16/9/75 and the complaint and report dated 7/9/75 is contained in Annexure A to the writ petition.;