W.P.(MD)No.21476 of 2015

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 14.03.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

W.P.(MD)No.21476 of 2015

and

M.P.(MD)No.1 of 2015

V.Santhosam

... Petitioner

vs

1. The Inspector General Cum

Chief Security Commissioner,

Railway Protection Force, Southern Railway,

Moor, Market Complex, Chennai – 600 003.

2. The Deputy Chief Security Commissioner,

Southern Railway, Moor market Complex,

Chennai – 600 003.

3. The Divisional Security Commissioner,

Railway Protection Force, Madurai.

4. Enquiry Officer,

Inspector of Protection Force,

Railway Protection Force,

Madurai.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of

India for issuance of Writ of Certiorarified Mandamus, to call for

the records pursuant to the impugned order passed by the third

respondent in No.65/2015 dated 09.09.2015 UIN-8100858 Penalty advice

and order reinstatement of the petitioner with effect from

23.04.2009 quash the same and issue a consequential direction,

directing the respondents 1 to 3 herein to give all the monetary

benefits to the petitioner from 23.04.2009.

For Petitioner

: M/s.Lakshmi Gopinathan

for M/S/Polax Legal Solutions

For Respondents

: Mr.S.Manohar for R1 to R4

O R D E R

This writ petition is filed to quash the impugned order, dated

09.09.2015 with the consequential relief to reinstate the

petitioner to the effect from 23.04.2009 and disburse all the

monetary benefits.

2. The petitioner was working in the Railway Protection Special

Force from 25.09.1976 as Constable. Thereafter, he was promoted as

1/4

https://hcservices.ecourts.gov.in/hcservices/

W.P.(MD)No.21476 of 2015

Naik during the year 1983 and then promoted as Head Constable on

22.08.1996. The petitioner has put in service for 33 years and he

was rewarded some awards. A Charge Memo dated 04.05.2008 was issued

alleging that he demanded and accepted money for arranging job in

Railway Department for one Mr. Nagendran of Pannian Village and the

petitioner has alleged a sum of Rs.98,000/- on two occasions from

one Pandiammal on 10.07.2007 and 25.07.2007 in the presence of one

Ramar. The petitioner was charge sheeted for violating the Railway

Protection Force Rules, under 146.04 for bringing discredit to

Department, under 146.7. for improper use or attempt so to use

position as such member for the personal gain, 147(i) violation of

any duty, 147(ii) willful breach of lawful orders, 147(iii)

disobeying lawful command of superior office.

3. The contention of the petitioner is that without getting any

explanation, the respondents had taken steps to conduct enquiry by

appointing an Enquiry Officer dated 20.08.2008. The Enquiry Officer

posted the enquiry to be held on 20.08.2008. Aggrieved over the

same, the petitioner has preferred appeal and the same was rejected.

Then preferred revision petition with additional statement of

grounds for revision, since the same was not considered, the

petitioner preferred a writ petition in W.P.(MD)no.854 of 2010 and

this Court, vide order, dated 28.01.2010 directed the first

respondent to consider the revision Petition, dated 03.10.2009 and

pass orders on merits. The respondents have rejected the revision,

vide order, dated 10.02.2010 and the same was indicated to the

petitioner. Again the petitioner has preferred a writ petition in

W.P.(MD)No.10186 of 2010 and this Court pleased to remit back for

fresh enquiry. The contention of the petitioner is that again the

respondents have committed the same mistakes by confirming the

charges and conducted an enquiry without perusing the evidence

thereby, violation of principles of natural justice. The petitioner

submitted an explanation on 25.07.2015 and once again the third

respondent has confirmed the e