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RAJA BASU CHOWDHURY
Amiya Ranjan Mohanty – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Raja Basu Chowdhury, J.
1. The instant writ petition has been filed, inter alia, challenging the order of dismissal from service dated 15th March, 2018 issued in exercise of powers under Rule 161 of the Railway Protection Force Rules, 1987 (hereinafter referred to as the “said Rules”) including the order dated 20th June, 2018 issued by the Appellate Authority.
2. The petitioner was a Head Constable of the Railway Protection Force of South Eastern Railway and at the material point of time was posted at RPF Post Adra under Adra Division.
3. It is the petitioner’s case that an unfortunate incident had taken place on 25th February, 2018 when an Assistant Commandant of Railway Protection Special Force, M.C. Tyagi was shot dead by a Constable of his own company while he was deployed on election duty at Meghalaya.
4. Notwithstanding the petitioner having not being involved in any incident of this nature, on the basis of a purported allegation that he was engaged in making objectional comments regarding the unfortunate incident over Facebook, thereby indulging in spreading hatred amongst rank and file of the Force by applauding the said personnel who was accused, an order of dismissa
The main legal point established in the judgment is the requirement for clear reasons and objective criteria when dispensing with a departmental enquiry under Rule 161(ii) of the Railway Protection F....
High court cannot sit in appeal and examine the reasons assigned by the authority and confirmed by the appellate as well as revisional authority.
The court emphasized that dismissal without a proper inquiry violates principles of natural justice and requires valid justification under Rule 19(ii) of the Rules of 1958.
Dismissal without inquiry violates natural justice and requires satisfactory justification under CISF Rules and Article 311 of the Constitution.
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