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1995 Supreme(Cal) 214

SURYA KUMAR TIWARI, PRABIR KUMAR MAJUMDAR
UNION OF INDIA – Appellant
Versus
SAHADEO SINGH – Respondent


Advocates Appeared:
MALAY CHAKRAVARTY, PRASANTA GHOSH

S. K. TIWARI, J.

( 1 ) THIS appeal arised out of C. O. No. 3223 (W) of 1983 decided that on 9th January, 1992 by Mr. Justice Mahotish Mazumdar.

( 2 ) THE three petitioners (respondents in this appeal) were working as 'rakshaks' in the Railway Protection Force. They were alleged to have committed serious misconduct while performing their duties as 'rakshaks'. They were deputed to an escort goods train No. 733 UP. The train was looted in the way and the petitioners failed to protect the goods transported in the train. It was alleged that the petitioners did not make any efforts to prevent the theft or to apprehend the criminals. It was also alleged that the Petitioners connived with the criminals.

( 3 ) THE Assistant Security Officer, Eastern Railway, Kachrapara passed the order of removal (on 7. 4. 1983) of the petitioners from the service with immediate effect.

( 4 ) THE petitioners have challenged the order of removal on the ground that without holding any departmental inquiry or without affording them any opportunity of being heard no valid order could be passed in violations of principles of natural justice.

( 5 ) ACCORDING to petitioners, no circumstances existed which war






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