JUDGMENT

Chandramauli Kr. Prasad, J.

1. In this Special Leave Petition, the Union of India and its functionaries assail the judgment and order dated 6th of March, 2007 passed by the Division Bench of the Calcutta High Court whereby while allowing the appeal preferred by the writ Petitioner-Respondent it had set aside the order of the learned Single Judge and quashed the order of his compulsory retirement.

2. Leave granted.

3. Short facts giving rise to the present appeal are that the writ Petitioner-Respondent (hereinafter referred to as 'writ Petitioner') was a constable in the Railway Protection Force and on 5th June, 1995 deployed for duty at Asansol Railway Station. One Harish Chandra Ram made a complaint that the writ Petitioner along with another constable dragged him to the yard, assaulted him and robbed Rs. 400/- and key of a tractor from his possession. He was put under suspension and on 28.6.1995 served with the memo of charge containing the following allegation:

On 5.6.95 while he was deployed for duty at Down Marshalling Post/Asansol along with Const. Nil Rameshwar from 16/00 Hrs. to 24/00 Hrs. they jointly caught hold of a passenger namely Harish Chandra Ram who had gone at