JUDGMENT :

1. Heard Swati B. Baruah (TG), learned counsel appearing for the petitioner. I have also heard Ms. S. Baruah, learned CGC appearing for the respondents.

2. The writ petitioner, while serving as a Constable (GD), in the Railway Protection Force (RPF), was removed from service by the impugned order dated 24-03-2020 passed by the respondent No. 4 without holding any departmental enquiry or giving him any opportunity of being heard. By the order dated 08-09-2020, the appellate authority had rejected the appeal filed by the petitioner and the revisional authority had also confirmed the order of the disciplinary authority as well as the appellate authority by the order dated 09-12-2020. Hence, this writ petition.

3. The facts of the case, briefly stated, are to the effect that pursuant to a selection process, the petitioner was appointed as Constable (GD) in the RPF. While discharging his duties at the Dibrugarh Railway Station premises, the petitioner, along with his colleague CT/ Arun Sharma and one Ashif Khan, were allegedly caught red handed while having possession of about 13 k.g.s of contraband goods (suspected ganza). As such, by the order dated 24-03-2020, the petitioner was removed from service. The grounds on which the petitioner was removed from service as well as the purported reasons for not holding a departmental enquiry have been indicated in the impugned order dated 24-03-2020. As such, the order dated 24-03-2020 is reproduced herein-below for ready reference:-

Northeast Frontier Railway

Office of the Divisional Security Commissioner

Railway Protection Force

Tinsukia – 786125

ORDER

On 23-03-2020 CT/Arun Sharma & CT/Aayush Taumar of RPF/Post/Dibrugarh were on shift duty from 14:00 Hrs. to 22:00 Hrs. at DBRG Railway Station Premises i.e. at main entrance gate and sickline respectively but both were marked absent from duty at around 17:45 Hrs. of 23/03/2020 for deserting their duty beats. Later on at around 18:30 Hrs. Information was received that CT/Arun Sharma and CT/ Aayush Taumar along with one outsider Ashif Khan, M/22 years, son of Istiyaque Khan of Lahorpatti Gali No. 3, Dibrugarh (Assam), were detained by I/C Local Police, Gabharupathar Police Outpost from the local area outside of DBRG Yard. On receipt of the information. IPF/DBRG along with officers and Staff immediately attended the site and found DSP/ HQrs/ Dibrugarh Shri Nitumani Das, I/C Gabharupathar Police Outpost with force had detained both the RPF Staff & the outsider with recovery of about 13 Kgs., contraband goods (suspected to the Ganja) from their possession. While they tried to disposed of the said contraband goods. Further DSP/HQrs/DBRG intimated that the said recovered contraband has been seized from the possession of both the RPF staff & outsiders and have been taken into custody. Subsequently, the police took them to Gabharupathar Police Outpost at around 19:00 Hrs. for further course of action.

In this connection, Sadar Thana, Dibrugarh registered a case vide No. 571/2020 dated 23/03/2020 U/s 20(11)(C) & 29 NDPS Act, and both the RPSF staff are now under police custody.

ASC/TSK was nominated to conduct fact finding enquiry into the case ASC/TSK conducted discreet enquiry into the above incident and submitted his fact finding enquiry report vide No. TP/C-5/CB/2020 dated 24/03/2020 on the unlawful possession of contraband goods (suspected to be ganja) are arrest of both RPF staff CT/ Arun Sharma & CT/Aayush Taumar of DBRG post along with one outsider near outside of DBRG station year on 23-03-2020 at around 18:00 hours. During the course of enquiry ASC/TSK has examined 03 officers of DBRG post and recorded their statements, examined documents related to the incident and recommended for stringent action against CT/Arun Sharma and CT/Aayush Taumar.

A. List of Witnesses:-

1. S