JUDGMENT

S.M.MODAK, J. - By this Petition, the Petitioner-Inspector of Railways Protection Force is challenging the Charge-sheet issued to him and Order of dismissal from service passed in departmental proceedings by Respondent No. 4- Principal/Chief Security Commissioner, RPF Pune. The Petitioner exhausted the remedies available as per Rules and when unsuccessful filed this petition.

2. The main grounds of challenge are:-

(a) Enquiry was conducted by Assistant Security Commissioner and Senior Divisional Security Commissioner who are incompetent to inflict major penalty of dismissal from service and in spite of that they conducted enquiry.

(b) Fact of making over the case by Senior Divisional Security Commissioner to Chief Security Commissioner is not contemplated as per the provisions of Railway Protection Rules 1987 (hereinafter referred as the 1987 Rules).

(c) Presenting officer is not appointed.

(d) Even though the Circular says about not conducting departmental enquiry particularly when case is pending still departmental enquiry was conducted during pendency of Criminal proceedings.

(e) Though he was acquitted by the Sessions Court and though it was brought to the notice of the