JUDGMENT :

Arindam Sinha, J.

This appeal is against order dated 18th May, 2007 passed by the disciplinary authority awarding punishment of dismissal from service with effect from 19th May, 2007. The award was in exercise of power given to the disciplinary authority by clause (a) in rule 47 of Railway Protection Force Rules, 1959. The clause in the rule is reproduced below:

“47. Special Officer in certain case. – notwithstanding anything contained in Rules 44, 45 and 46, where a penalty is imposed on a member of the Force

(a) on the ground of conduct which has led to his conviction on a criminal charge,

(b) ………

the disciplinary authority may consider the circumstances of the case and pass such orders thereon as it deems fit.”

2. Mr. Roy, learned advocate appears on behalf of appellants and relies on judgment of Supreme Court in Divisional Personnel Officer vs. T.R. Chellappan reported in (1976) 3 SCC 190, paragraph 9. We reproduce below, relevant passage from the paragraph:

“………..It was for this reason that the founders of the Constitution thought that where once a delinquent employee has been convicted of a criminal offence that should be treated as a sufficient proof of his misconduct and