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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR
R.G.AVACHAT, AJIT B.KADETHANKAR
Kuldeep Kumar Malik – Appellant
Versus
Central Railway Through Principal Chief Security Commissioner – Respondent
| Table of Content |
|---|
| 1. service history, fir, acquittal, and enquiry process. (Para 1 , 4 , 7) |
| 2. rpf rules on conduct, neglect, disobedience, falsehood. (Para 2 , 3) |
| 3. contentions on charges post-acquittal and non-disclosure. (Para 8 , 9) |
| 4. casual personal statement not official false record. (Para 10) |
| 5. all charges fail; reinstatement with 50% backwages. (Para 11 , 12 , 13) |
JUDGMENT :
AJIT B. KADETHANKAR, J.
1. SUBJECT MATTER :
The Petitioner was working as a Constable under the establishment of Railway Protection Force (hereinafter “the Force” for the sake of brevity). He was chargesheeted on account of certain departmental indiscipline and suffered departmental enquiry.
Vide ‘removal from service’ Order dated 25-02-2021 bearing Division Order No. 09/2021 passed by the Divisional Security Commissioner, Railway Police Force, Solapur @ the Disciplinary Authority, the Petitioner was removed from the post of Constable of Wadi Railway Station, Solapur Division. He could not succeed in the Appellate and Revisional proceedings to challenge the punishment order. Thus, the Petitioner herewith challenges the removal order dated 25-02-2021 as also the orders passed by the Appellate and Revisional Au
Criminal acquittal nullifies departmental discreditable conduct charge based solely on FIR; off-duty personal injury non-disclosure and casual misstatement lack official duty nexus, not violating neg....
Removal from service upheld for discreditable conduct by disciplined force member captured on viral video/CCTV; inquiry valid without complainant; courts limit review, deferring to authority where pr....
The disciplinary authority is not bound to accept the inquiry officer's findings and must ensure adherence to procedural rules in conducting inquiries, even amid ongoing criminal proceedings.
Procedural safeguards, fair hearing, and compliance with statutory mandates are essential in disciplinary proceedings, and the violation of such safeguards can render the disciplinary action void.
The court overturned the removal of service, finding the penalty imposed was shockingly disproportionate to the misconduct, violating the principles of natural justice and the proportionality standar....
Disciplinary proceedings against a member of the Railway Protection Force must be conducted in accordance with the Railway Protection Force Rules and the principles of natural justice.
The issue of constructive res judicata and the requirement of proving guilt in a disciplinary proceeding.
The impugned action of the Force in issuing the orders of preparation and issuance of a fresh charge-sheet and a full-fledged departmental enquiry could not be sustained under Rule 219.4 (b).
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