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2003 Supreme(SC) 109

SHIVARAJ V.PATIL, ARIJIT PASAYAT
Director General R. P. F. – Appellant
Versus
Ch. Sai Babu – Respondent


ORDER

Heard learned counsel for the parties.

2. This appeal is directed against the Order dated 15th June, 1999 passed by the Division Bench of the High Court of Andhra Pradesh. The respondent was given charge sheet under Rule 153 of the Railway Protection Force Rules, 1987 framing five charges relating to misconduct on his part. After enquiry report was submitted holding that all the charges levelled against him were proved. The disciplinary authority agreeing with the findings as recorded by the enquiry officer passed an order of removal of the respondent from service. He unsuccessfully challenged the said order of his removal from service before the appellant and revisional authority. Thereafter he filed writ petition before the High Court challenging the order of removal from service on various grounds. The learned Single Judge after hearing the learned counsel for the parties did not find any good ground to disturb the finding of fact as to the charges which stood proved against the respondent. However, in relation to the quantum of Punishment, the learned Single Judge held thus:

"It appears that the petitioner is a habitual offender, and due to dereliction of duties, pun







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