JUDGMENT

JUDGMENT:— The respondent singasan Rabi Das was removed from service with effect from May 13, 1976 by the secutity officer, chakradharpur. The respondent wsa posted at sini in the Distt.of singhbhum.by an order dated May 12,1976 it was held that respondent was guilty of gross misconduot.It was stated in the order that while on duty in Railway yard at Gamharia on April 28, 1976 outsiders entered into the Railway Yard and lifted railway material and concealed them under a tree and when the respondent came there he allowed the outsiders to carry the stolen material after taking rupee 1/- from each of the said outsiders. The said order recited that an enquiry into the above misconduct as provided in Rules 44,45 and 46 of the Railway Protection Force Rules, 1959 was considered not practicable

"because of the facts that it is not considered feasible or desirable to procure the witnesses of the security/ other Railway Employees since this will expose them and make them ineffective for future. These witnesses if asked to appear at a confronted enquiry are likely to suffer personal humiliation and insults thereafter or even they and their family members may become targets of acts of