Sambuddha Chakrabarti, J. - (1.) The facts of the case, shorn of all details, is that the petitioner who was a constable of the Railway Protection Force, Eastern Railway, was charged with theft of urea bags which had allegedly occurred from a wagon stationed at Rajgram station between August 18 and 22, 1987. On September 1, 1987 three persons were arrested. On September 3, 1987 when the wagon was taken to the Rampurhat goods shed it was found that the seals on the bags were tampered and 134 bags were found short. A criminal case was initiated and on September 15, 1987 the petitioner surrendered in the Court of the Sub-Divisional Judicial Magistrate, Rampurhat.
(2.) The petitioner was placed under suspension which was challenged by him by way of a writ petition. During the pendency of the writ petition and the criminal case, the respondents issued a charge-sheet proposing to hold an enquiry against the petitioner for the alleged gross neglect in duty for his failure to prevent theft of urea bags.
(3.) At the enquiry the petitioner was exonerated. However, the disciplinary authority differed and imposed the penalty of removal from service with effect from May 25, 1992. The petitioner challenged the said order by a writ petition. A learned Single Judge set aside the order of removal and sent the matter back to the disciplinary authority with liberty to proceed afresh.;