- (1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing of the order dated 09.06.2011 passed by the Senior Divisional Security Commissioner, South Eastern Railway, Ranchi, in which respondent no.2 has awarded the punishment of reduction of pay in time scale of pay by five stage lower for a period of two years with cumulative effect and for quashing of the departmental order dated 04.11.2011 passed by the I.G.-cum Chief Security Commissioner, Railway Protection Force, South Eastern Railway, Kolkata by which he has enhanced the punishment from reduction of pay in the time scale of pay by five stage lower for a period of two years with cumulative effect to removal from service with immediate effect and for quashing the letter dated 11.04.2012 passed by the Director General, Railway Protection Force, New Delhi, confirming the order of the appellate authority and for reinstatement of the petitioner from the date of the removal with consequential benefits.
(2.) Sans details, the facts as disclosed in the writ application, in brief is that the petitioner was appointed in the year 1999 as Constable in Railway Protection Force and since the date of his appointment he has been discharging his duties to the utmost satisfaction of his superior authority. On 04.06.2009 a news was published in 'Prabhat Khabar' that one Constable was taking bribe of Rs.10/- from a vendor on 03.06.2009 and on the basis of aforesaid newspaper on the next day, one vegetable vendor namely, Pradip Mandal lodged a written report in G.R.P. Ranchi under section 384 of the Indian Penal Code alleging therein that one Constable of Ranchi Railway Protection Force was demanding money from him. On the basis of the newspaper report, departmental enquiry was initiated and enquiry officer was appointed. The enquiry officer submitted his finding holding the petitioner guilty of charge after examination of three witnesses. On the basis of the said report the Senior Divisional Security Commissioner, Railway Protection Force, South Eastern Railway, Ranchi removed the petitioner from services vide order dated 29.04.2010. It is further averred that the petitioner filed an appeal before the appellate authority and the appellate authority after perusal of the order of removal set aside the same and directed for de novo enquiry and direction was issued to the enquiry officer to enquire into the matter afresh. The petitioner was again awarded punishment of reduction of pay in the time scale of pay by five stages lower for a period of two years with cumulative effect on 30.05.2011 by the Senior Divisional Commissioner, Railway Protection Focre, South Eastern Railway, Ranchi, vide order dated 09.06.2011. Being aggrieved by the said order, the petitioner filed appeal before the appellate authority, in which the appellate authority issued show cause to the petitioner for enhancement of punishment to removal from services with immediate effect. The petitioner filed reply to the show cause, before the appellate authority and the appellate authority vide order dated 11.04.2012 has rejected the appeal of the petitioner. Being aggrieved by the order of disciplinary authority as well as the appellate authority, left with no alternative, efficacious and speedy remedy, the petitioner has approached this Court under Article 226 of the Constitution of India by invoking extraordinary jurisdiction of this Court for redressal of his grievances.
(3.) Heard Mr. Delip Jerath, learned counsel appearing for the petitioner as well as Mr. Vijoy Kumar Sinha, appearing for the respondents-Railways.;