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2024 Supreme(Cal) 665

RAJA BASU CHOWDHURY
Samir Kumar Behera – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Achin Kumar Majumder
For the Respondents: Mr. S.C. Prasad

JUDGMENT :

Raja Basu Chowdhury, J.

1. The instant writ petition has been filed, inter alia, challenging the order of removal 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 21st 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 posted at RPF Post Jharsuguda under Chakradharpur 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 a clean and unblemished record, on the basis of a purported allegation that he was engaged in spreading misinformation as regards the unfortunate incident over Facebook and Whatsapp group, allegedly justifying and supporting the said personnel who was accused, an order of removal from service was passed against the petition

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