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2023 Supreme(Del) 2957

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Ram Niwas – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Ms. Saahila Lamba, Advocate, for the Petitioner.
Mr. Rishabh Sahu, CGSC with Mr. Sameer Sharma, Advocate, for the Respondent.
Mr. Chiranjiv Kumar & Mr. Mukesh Sachdeva, Advocates, for the UOI.

JUDGMENT

Neena Bansal Krishna, J. The two petitioners in their aforementioned respective petitions under Article 226 of the Constitution of India have challenged the validity of Order of Suspension dated 07.09.1998 and the Order of removal from service dated 08.09.1998 and the subsequent Orders dated 18.10.2004 and the Order dated 17.10.2005 dismissing the Appeal and the Review petition.

2. The petitioner Ram Niwas joined as Constable in the Railway Protection Force (hereinafter referred to as "R.P.F") in the year 1985, and petitioner Raj Singh (in the Writ Petition no. 8141/2010) was inducted in RPF on 28.11.1975. Both the petitioners were performing their duties at Tuglakabad railway station since May-June, 1997.

3. On 06.09.1998, the two petitioners along with Prem Chand were arrested in case FIR No. 35/98 under Section 7, 8 and 13 of the Prevention of Corruption Act, 1988 (PC Act) by Anti-Corruption Branch, Delhi. Ram Niwas and Raj Singh were both put under suspension on 07.09.1998. Departmental Enquiry was conducted by Inspector, R.P.F Post Hazrat Nizamuddin, Delhi. The petitioners have claimed that no impartial Departmental Enquiry was conducted and it was not in accordance

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