The present writ petition has been preferred for the following reliefs:-

(i) For issuance of writ in the nature of certiorari for quashing the order dated 25.7.02 passed by the Superintendent of Police, Railway (Respondent No.3 herein) by which the petitioner was dismissed from service and for quashing the order dated 4.7.03 passed by the Appellate Authority, respondent No.3 herein.

(ii) For a direction to the respondents authority to reinstate the petitioner with all consequential benefits in accordance with law.

2. The facts, in brief, are set out as under:-

The petitioner was appointed as a Constable in December, 1983 in the district of Patna and thereafter performed his duty having brilliant service record without any stigma or punishment for the last 19 years. In the year 2001 while the petitioner was posted at Railway Police Station, Jamshedpur, he was found guilty of extortion and snatching Rs.500/-from the passenger of Gitanjali Express, on duty at Railway Platform on 26.5.2001. Accordingly an F.I.R. was lodged as G.R.P. Case No.31/2000 on 26.5.2001 itself under Section 386/34 of the Indian Penal Code and cognizance was taken, charges were framed and show cause was issued and a departmental proceeding was initiated.

3. The petitioner participated in the departmental proceeding and appeared before the Enquiry Officer and filed a show cause and the enquiry was finally concluded holding the petitioner guilty of charges levelled against him. Based on the enquiry report and findings, the disciplinary authority, Superintendent of Police, once again gave a show cause as to why the petitioner be dismissed from service for the aforesaid charges. The petitioner filed his show cause on 2.7.02.

Considering the reply to show cause final order of dismissal was passed. The petitioner filed an appeal on 9.9.02 before the D.I.G., Railway and vide order dated 4.7.03 the appeal was dismissed. The petitioner, being constrained, has preferred this writ petition challenging the impugned order dated 25.7.02 and 4.7.03.

In the instant writ petition the petitioner prays for the following reliefs:-

.(i) For issuance of writ in the nature of certiorari for quashing the order dated 20.7.2002 passed by S.P. Railway, Jamshedppur, Respondent No.4 herein by which the petitioner was dismissed from his services.

.(ii) For direction to the respondents authorities to reinstate the petitioner with all consequential benefits in accordance with law.

In the instant writ petition the petitioner prays for the following reliefs:-

.(i) For issuance of writ in the nature of certiorari for quashing the order dated 13.8.2002 passed by the Superintendent of Police, Railway, Respondent No.3 herein, by which the petitioner was dismissed from service and for quashing the order dated 28.6.2003 passed by the Appellate Authority, respondent No.3 herein.

.(ii) For a direction to the respondents authority to reinstate the petitioner with all consequential benefits in accordance with law.

4. Since the issue involved in all the three writ petitions are similar and identical, hence they are being disposed of by this common order.

5. The main argument raised by the learned counsel for the petitioner is as to whether the impugned orders are sustainable in the eyes of law since no chance of hearing was given to the petitioner and it was a colourable exercise of power. It has further been argued that no reasonable opportunity of hearing contemplated under Article 311 (2) was given and the entire action is violative of the principles of natural justice. It has further been contended that it is a case of no evidence. Lastly it has been contended that for the same set of charges the criminal proceeding as well as a departmental proceeding cannot continue.

6. The counsel for the respondents submits that upon an enquiry and the supervision note a case under Section 386/34 I.P.C. was lodged which was fully substantiated and the charges of extortion from rail passenger was proved again