Hari Kishan Yadav vs Union Of India on 20 April, 2022
Succinctly stated, the petitioners were appointed on the post of constable in the Railway Protection Force but subsequently, the petitioners herein along with one Shri Hari Kishan Yadav were placed under suspension in contemplation of departmental proceedings. Charge-sheet was served upon them and departmental proceedings ensued. During pendency of the inquiry proceedings, criminal cases were also lodged against the petitioners for theft of Railway Property. The departmental proceedings thereafter culminated in passing of orders dismissing petitioners from service. Subsequently, the said dismissal orders were modified and reduced penalty as indicated hereinabove was imposed. Thereafter, the criminal trial ended in passing of judgment and order dated 21.07.2017 by the Additional Chief Judicial Magistrate, Northern Railway acquitting the petitioners and the said Hari Kishan Yadav from charges levelled against them. The acquittal was honarable and not on the basis of benefit of doubt
Learned counsel for petitioners submits that Hari Kishan Yadav had also assailed the punishment orders in Writ Petition No.20094 (S/S) of 2016; Hari Kishan Yadav Vs. Union of India and others, which was allowed by means of judgment and order dated 06.02.2019 directing the opposite parties to reinstate the petitioner in service on the post of head constable providing all consequential benefits admissible to the post. It is submitted that the aforesaid judgment and order was thereafter challenged in Special Appeal Defective No.6 of 2020; Union of India through General Manager Northern Railway & Ors. versus. Hari Kishan Yadav and this Court vide judgment and order dated 07.01.2020 was pleased to dismiss the special appeal on merits. It is submitted that the aforesaid judgment and order was not appealed against and in fact has already been complied with in the case of Hari Kishan Yadav. It is submitted that the petitioner's case standing on the same footing is also required to be disposed of in same terms.