DEVENDER KUMAR vs UNION OF INDIA & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 23.12.2024 Pronounced on: 21.03.2025 + W.P.(C) 15849/2022 DEVENDER KUMAR .....Petitioner Through: Mr. Apurab Lal, Mr. Daleep Singh and Mr. S.N. Gautam, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Sandeep tyagi, SPC with Ms. Santosh Sharma and Ms. Akshita Tyagi, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR JUDGMENT SHALINDER KAUR, J 1. The petitioner has approached this Court under Article 226 of the Constitution of India, assailing the Order dated 03.08.2021 passed by the Disciplinary Authority, whereby a penalty of „compulsory retirement from Service‟ was imposed on the petitioner, and the subsequent Orders dated 17.03.2022 and 14.10.2022 passed by the Signature Not Verified W.P. (C) 15849/2022 Page 1 of 15 Digitally Signed By:NEELAM Signing Date:22.03.2025 15:30:46 Appellate Authority and the Revisional Authority respectively, which upheld the penalty. 2. Briefly stated, the facts giving rise to the present petition are that the petitioner joined the Railway Protection Force (RPF) as a Constable on 10.05.1998 and was posted at Delhi. Thereafter, he was promoted to the post of Head Constable and was posted at Ambala Cantonment (Cantt.) Station, where he joined on 15.02.2019. On 23.03.2021, the petitioner was deployed in the shift beginning from 1600 hours to 2400 hours at the RPF Post, Ambala Cantt., however, he reported on duty at 1730 hours instead of 1600 hours and misbehaved with his senior officers and staff. Based on this incident, the petitioner was placed under suspension, vide the Order No. 03/DAR/RPF/UMB/2021 dated 25.03.2021, with immediate effect, recording that the disciplinary proceedings were contemplated under Rule 134(a & b) of the Railway Pr