JUDGMENT :

1. The petitioner was a Head Constable of Railway Protection Force, (RPF in short) and now working as Assistant Sub- Inspector, RPF in Malda Division.

2. In the year 2010 when the petitioner was a Constable under RPF, he was placed under suspension and was directed by the suspension order dated 25.08.2010 to present himself daily for attendance during the suspension period. On 11.09.2010 an explanation was called for from the petitioner directing him to submit his explanation within five days from the date of receipt of letter for explanation.

3. The charge against the petitioner was of collecting money while on duty from the persons carrying un-booked luggage inside the train compartment on 24.08.2010 in train No. 611 UP (MLDT-NJP Passenger) which was detained at Malda in platform No. 5. It was also alleged that on that day some of the passengers were assaulted by on duty RPF staff.

4. On 16.09.2010 the petitioner submitted his explanation denying the allegation against him. On 01.10.2012 he prayed for revocation of the suspension order. Considering his prayer order of suspension was revoked on 18.10.2010. But the disciplinary proceeding continued.

5. All the above actions w