JUDGMENT

Santosh Hegde, J.-The first and the third appellants and one Kirity Bhusan Pal while working as Rakshaks in the Railway Protection Force (RPF) were removed from the said service on the ground of serious misconduct and negligence of duty by the Assistant Security Officer, Eastern Railway, exercising the power conferred on him under Rule 47 of the Railway Protection Force Rules, 1959 (the Rules). While passing the said order, the said officer came to the conclusion that he was satisfied that no independent evidence will be available in the departmental enquiry against these appellants in view of the prevailing fear amongst the witnesses and it was not reasonably practicable to hold any fair inquiry, hence, dispensing with the requirement of holding an inquiry, he passed the said order of removal.

2. Brief facts necessary for disposal of this appeal are that these appellants when they were on duty as Rakshaks (Guards) of 733 UP goods train colluded with other officials in the said train and certain other miscreants by assisting them in the theft of large quantities of rice bags from the said goods train thereby causing huge loss to the Railways. The authorities after holding