JUDGMENT :

Raja Basu Chowdhury, J.

1. The present writ application has been filed, inter alia, challenging the order of suspension dated 7^th June 2002 and the charge sheet dated 13th September, 2004.

2. Records reveal that the petitioner, while employed with the Railway Protection Force (RPF), was issued an order of suspension dated 5^th May, 1985. Subsequently, on 7^th May, 1985, on the basis of a confidential report submitted by the Officer-in-Charge RPF post Shadol, the disciplinary authority of the petitioner was, inter alia, pleased to direct removal of the petitioner from service in terms of Rule 47(b) of the Railway Protection Force Rules, 1959. Although a statutory appeal was filed, the same was rejected by order dated 10th May, 1996.

3. Challenging the aforesaid order of removal from service and the appellate order dated 10th May, 1996, a writ application was filed which was registered as CO. 10141 (W) of 1996. By judgment and order dated 12th September 2001, this Hon’ble Court while taking note of the factum of the removal from service without holding a regular enquiry, was, inter alia, pleased to quash the order of removal from service as also the appellate order.

4. Records further reveal that by order dated 7th June 2002, the respondents simultaneously, while reinstating the petitioner in service pursuant to the order passed in CO. 10141 (W) of 1996, put the petitioner under suspension and initiated a fresh enquiry on the self-same cause of action, wherein, it was, inter alia, recorded as follows:-

“Md. Y. Memon, Ex. Rakshak-8505 of Bilaspur division who was removed from service w.e.f. 7.5.85 A.N. vide S.O./RPF/Bilaspur’s D.O. No. 210/85 dated 7.5.85, is hereby re-instated in service in pursuance of the order dated 12.9.2001 of the Hon’ble High Court, Calcutta, in C.O.No.10401 (W) of 1996, quashing the impugned order of removal from service.

However, a fresh disciplinary proceeding shall be started against Sri Memon on the self-same allegations and a regular departmental enquiry be held in the light of the aforesaid court’s order dated 12.9.2001, which shall be completed expeditiously in accordance with law.

As the penalty of removal from service was imposed upon Sri Memon (Petitioner) while under suspension and the said penalty has been quashed by the Hon’ble Court on technical grounds, the order of his suspension is deemed to have continued in force on and from the date of such removal and shall remain in force until further orders as per RPF-Rules, 1987.

The above suspension period will be decided on finalisation of the fresh disciplinary proceeding.”

5. Subsequently a charge-sheet dated 13th September, 2004 was served on the petitioner. The Article of charge as served on the petitioner is setout herein under:

“Article of the Charge.

Constable 8505 Md. Y.Memon of RPF Post SDL now attached at Train Escorting Company, Bilaspur for daily attendance is charged for serious misconduct in that he committed theft of 25 packages containing ceiling fans and parts booked under Railway mark HWH 360/386/BSPR loaded in wagon No. WR30370 ex. Shahdol to Manendragarh, in Shahdol Y and during the night of 16/17.04.85 in connivance with Sr. RSK 5599 B. Bhagat and Constable 2532 A.K.Bhakta, with intention to dispose of the same unlawfully and by manipulating lac seal.

His above act tantamount to violation of Rule 146.4 and 146.7(iii) of RPF Rule 1987, which renders him liable for disciplinary action.”

6. Challenging the aforesaid order of suspension and the charge sheet dated 7th June 2002, the present writ application has been filed.

7. At the time of admission of the present writ application, this Hon’ble Court by order dated 18^th February 2005, while affording liberty to the respondents to continue with the disciplinary proceedings by keeping the point of maintainability of the charge sheet open, directed the respondents to allow the petitioner to join the duty and to pay the entire salary of the petitioner which had fallen due. The operative p