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2023 Supreme(All) 175

VIVEK CHAUDHARY
Kunverjeet Singh – Appellant
Versus
U. O. I. Thru D. I. G. Railway Protection Spl. Force New Delhi – Respondent


Advocates Appeared:
For the Petitioner: Satish Chaturvedi, D.N. Chaturvedi, Shantanu Gupta.
For the Respondent: Suniti Sachan, B.K. Shukla, Brijesh Kumar Shukla, K.K. Pandey, Mahendra Kumar Misra.

JUDGMENT :

1. Heard learned counsel for the petitioner and Sri Mahendra Kumar Misra, learned counsel for the Union of India.

2. The petitioner has approached this Court challenging the order/charge sheet dated 24.09.2019.

3. The facts of the case are that the petitioner was given a charge sheet on 25.06.2018 and on the basis of the same an inquiry was conducted and the punishment order dated 2.8.2018 was passed by the Senior Commandant, Railway Protection Special Force, Lucknow. Against the said order, the petitioner had filed an appeal but he had withdrawn the same. Despite the same the superior authority; namely, the Chief Security Commissioner, Railway Protection Force, has proceeded to pass the impugned order dated 24.09.2019. A perusal of the same shows that the same is the repetition of the earlier charge sheet asking the petitioner to submit reply to the same. The same nowhere states as to whether by the same, order by the disciplinary authority is intended to be confirmed, modified or set aside or the punishment is to be enhanced, reduced or in any other manner modified or even otherwise as to what order is proposed to be passed. Rule 219.4 of the R.P.F. Rules of 1987, reads a

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