JUDGMENT :

INDU MALHOTRA, J.

Leave granted.

1. The issue which has arisen for our consideration is the validity of the Judgment passed by the High Court in exercise of its writ jurisdiction to set aside the order of compulsory retirement passed by the statutory authorities against the respondent, and substituting it by an order of re-instatement with all consequential benefits, and 50% backwages.

2. The Respondent was appointed in 1984 as a Constable with the Railway Protection Force (R.P.F) in Jhansi. On 28.02.2006, he was posted as SIPF(Adhoc) Sub-Inspector at the Pulgaon Railway Station, Maharashtra (Outpost).

3. On 11.12.2006, the Respondent was placed under suspension with immediate effect pending enquiry. On 04.01.2007, a charge sheet was issued for major penalty under Rule 153 of the Railway Protection Force Rules, 1987 by the Sr. Divisional Security Commissioner R.P.F. The charges framed were:

“(1) GROSS NEGLECT OF DUTY in that you failed to prevent and detect with due promptitude and diligence: -

(a) The theft of 02 Nos. of Primary injections Kit Valued Rs. 28,000/- approx. from traction Sub-Station located at Km, No. 664/20-24 near Badnera Railway Station reported on 04.04.200