W.P.(C)--10240/2017. Case: BALRAM MEENA Vs. RAILWAY PROTECTION FORCE AND ANR.. High Court of Delhi (India)

Case NumberW.P.(C)--10240/2017
CitationNA
Judgement DateDecember 06, 2019
CourtHigh Court of Delhi (India)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 26th November, 2019

Decided on: 6th December, 2019

WP(C) 10240/2017

BALRAM MEENA .....

Through: Mr. N.S.Dalal with Ms. and Mr.Manu Kharra,

versus

RAILWAY PROTECTION FORCE AND ANR. .....Respondents

Through: Mr.Jitendra K.Singh,

Counsel with Mr.Amit Kumar Mr.Saurav Sharma, Advocates.

CORAM: JUSTICE S. MURALIDHAR

JUSTICE TALWANT SINGH

J U D G M E N T Dr. S. Muralidhar, J. :

  1. The Petitioner challenges an order dated 22nd August, 2017 passed Chief Security Commissioner, Railway Protection Force terminating his services as Constable.

  2. This is the third round of litigation.

  3. Pursuant to an advertisement issued in 2011 the Petitioner applied post of Constable. He was duly called for in the selection and was appointed as Constable by a letter dated 1st October, 2014. By an order dated 15th

    W.P.(C) 10240/2017 Page 1

    2015 his selection stood cancelled on the ground that he had information concerning his involvement in the criminal case (Case No. of 2004) under Sections 147/323/341/149 IPC at Police Station District Alwar, Rajasthan and in respect of which a charge-sheet had filed in the Court of the Additional Chief Judicial Magistrate Rajgarh on 21st June, 2004.

  4. In terms of the judgment dated 24th January, 2012, the ACJM acquitted the Petitioner and others giving them the benefit of doubt Sections 147 and 149 IPC. As regards the other offences under Sections 323 and 341 IPC, he acquitted the Petitioner and others on account „compromise‟. After it was noticed that he had suppressed the above and thereby contravened the Railway Board‟s letter dated 16th

    2005 and the employment notification dated 23rd February, 2011, Petitioner was discharged from training by the discharge order dated June, 2015.

  5. Initially, the Petitioner challenged the above order dated 15th June,

    by filing W.P.(C) 6648 of 2015 in this Court. By an order dated 10th

    2016, while disposing of the writ petition, this Court directed the issue a Show Cause Notice („SCN‟) to the Petitioner.

  6. Pursuant thereto, an SCN was issued to the Petitioner on 16th

    to which he replied on 18th May, 2016. Having examined the said reply, Competent Authority („CA‟) found the earlier discharge order to be

    W.P.(C) 10240/2017 Page 2

    and a memorandum dated 17th June, 2016 was issued terminating services of the Petitioner on the ground that he had concealed suppressed his involvement in the criminal case.

  7. This order was again challenged by the...

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