Kerala High Court
C.S.Saji vs Union Of India on 11 July, 2025
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W.P(C) No.37179 of 2018
and con.cases 2025:KER:50821
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 11TH DAY OF JULY 2025 / 20TH ASHADHA, 1947
WP(C) NO. 37179 OF 2018
PETITIONERS:
S. NAVAS, AGED 48 YEARS,
AGED 48 YEARS, S/O. M.SAINUDEEN RAWTHER,
CONSTABLE/RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY/
KAYAMKULAM RAILWAY STATION, RESIDING AT 'NAVAS MANZIL',
MANNADY.P.O., PATHANAMTHITTA DISTRICT- 691 530.
BY ADV SHRI.T.C.GOVINDASWAMY
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY THE
SECRETARY TO THE GOVERNMENT OF INDIA,
MINISTRY OF RAILWAYS(RAILWAY BOARD),
RAIL BHAVAN, NEW DELHI-110 001.
2 THE DIRECTOR GENERAL,
RAILWAY PROTECTION FORCE, MINISTRY OF RAILWAYS
(RAILWAY BOARD), RAIL BHAVAN, NEW DELHI-110001.
3 THE PRINCIPAL CHIEF SECURITY COMMISSIONER,
RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY HEADQUARTERS,
MOORE MARKET COMPLEX, PARK TOWN.P.O., CHENNAI - 600003.
4 THE DIVISIONAL SECURITY COMMISSIONER,
RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY,
TRIVANDRUM DIVISION, THYCAUD.P.O., TRIVANDRUM-695014.
5 SHRI A.K PRINCE, POST COMMANDER, (EARLIER DESIGNATION -
INSPECTOR OF PROTECTION FORCE) RAILWAY PROTECTION FORCE,
SOUTHERN RAILWAY, ALUVA RAILWAY STATION, ALUVA - 683101,
ERNAKULAM DISTRICT.
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6 THE DEPUTY CHIEF SECURITY COMMISSIONER,
RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY HEADQUARTERS,
MOORE MARKET COMPLEX, PARK TOWN P.O., CHENNAI - 600003.
7 SHRI RAJNISH KUMAR TRIPATHI,
SENIOR DIVISIONAL SECURITY COMMISSIONER,
RAILWAY PROTECTION FORCE, JODHPUR DIVISION, NORTH WESTERN
RAILWAY, RAJASTHAN - 342001.
THE ADDRESS OF THE 7TH RESPONDENT IS CHANGED AS
SHRI.RAJNISH KUMAR TRIPATHI, SENIOR DIVISIONAL SECURITY
COMMISSIONER, OFFICE OF THE SR.DIVISIONAL SECURITY
COMMISSIONER, RAILWAY PROTECTION FORCE, HOWRAH DIVISION,
EASTERN RAILWAY, 3RD FLOOR, NEW COMPLEX BUILDING,
HOWRAH-711 101.
AS PER ORDER DATED 19.09.2019 IN IA.NO.1/19 IN W.P.(C)
37179/18.
BY ADVS.
SRI.P.SANJAY, SC, RAILWAYS
SHRI.S.BIJU, CGC
SHRI.S.BIJU, SENIOR PANEL COUNSEL
SRI.SHRII HARI RAO
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.07.2025,
ALONG WITH WP(C).2427/2019, 7418/2019 AND CONNECTED CASES, THE COURT
ON 11.07.2025 DELIVERED THE FOLLOWING:
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and con.cases 2025:KER:50821
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 11TH DAY OF JULY 2025 / 20TH ASHADHA, 1947
WP(C) NO. 2427 OF 2019
PETITIONER:
R.V.RADHAKRISHNAN NAIR, AGED 50 YEARS,
S/O.C.G.VISWANATHAN NAIR (LATE), CONSTABLE/OFFICE OF THE
INSPECTOR/RAILWAY PROTECTION FORCE, SOUTHERN
RAILWAY/THRISSUR RAILWAY STATION, THRISSUR-680 021,
RESIDING AT PANANGATTU HOUSE, BLOCK NO.2,
KRISHNAPURAM PUNKUNNAM, THRISSUR-680 002.
BY ADVS.
SHRI.T.C.GOVINDASWAMY
SMT.KALA T.GOPI
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY THE SECRETARY
TO THE GOVERNMENT OF INDIA, MINISTRY OF RAILWAYS,
(RAILWAY BOARD), RAIL BHAVAN, NEW DELHI-110 001.
2 THE DIRECTOR GENERAL,
RAILWAY PROTECTION FORCE, MINISTRY OF RAILWAYS,
(RAILWAY BOARD), RAIL BHAVAN, NEW DELHI-110 001.
3 THE PRINCIPAL CHIEF SECURITY COMMISSIONER,
RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY HEADQUARTERS,
MOORE MARKET COMPLEX, PARK TOWN P.O., CHENNAI-600 003.
4 THE DIVISIONAL SECURITY COMMISSIONER,
RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY,
TRIVANDRUM DIVISION, THYCAUD P.O., TRIVANDRUM-695 014.
5 SHRI.A.K.PRINCE, POST COMMANDER,
(EARLIER DESIGNATION- INSPECTOR OF PROTECTION FORCE),
RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY ALUVA
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and con.cases 2025:KER:50821
RAILWAY STATION, ALUVA- 683 101, ERNAKULAM DISTRICT.
6 THE DEPUTY CHIEF SECURITY COMMISSIONER,
RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY HEADQUARTERS,
MOORE MARKET COMPLEX, PARK TOWN P.O., CHENNAI-600 003.
7 SHRI.RAJNISH KUMAR THIPATHI
SENIOR DIVISIONAL SECURITY COMMISSIONER, RAILWAY
PROTECTION FORCE, JODHPUR DIVISION, NORTH WESTERN
RAILWAY, RAJASTHAN-342 001.
ADDRESS OF R7 IS CHANGED AS
SHRI RAJNISH KUMAR THIPATHI, SENIOR DIVISIONAL SECURITY
COMMISSIONER, OFFICE OF THE SR.DIVISIONAL SECURITY
COMMISSIONER, RAILWAY PROTECTION FORCE,
HOWRAH DIVISION, EASTERN RAILWAY, 3RD FLOOR,
NEW COMPLEX BUILDING, HOWRAH - 711 101.
8 THE DEPUTY INSPECTOR GENERAL (R AND T),
RAILWAY PROTECTION FORCE, RAILWAY BOARD
(MINISTRY OF RAILWAYS), RAIL BHAVAN,
NEW DELHI-110 001.
BY ADVS.
SRI.P.SANJAY, SC, RAILWAYS
SHRI.S.BIJU, SENIOR PANEL COUNSEL
SRI.SHRII HARI RAO
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.07.2025,
ALONG WITH WP(C).37179/2018 AND CONNECTED CASES, THE COURT ON
11.07.2025 DELIVERED THE FOLLOWING:
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W.P(C) No.37179 of 2018
and con.cases 2025:KER:50821
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 11TH DAY OF JULY 2025 / 20TH ASHADHA, 1947
WP(C) NO. 7418 OF 2019
PETITIONER:
V.SURESH, AGED 51 YEARS,
S/O.P.VASUDEVAN, CONSTABLE/RAILWAY PROTECTION FORCE,
SOUTHERN RAILWAY/ERNAKULAM JUNCTION RAILWAY STATION,
RESIDING AT NIKARTHIL HOUSE, PATTANAKKAD P.O.,
CHERTHALA-688531.
BY ADVS.
SHRI.T.C.GOVINDASWAMY
SMT.KALA T.GOPI
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE
GOVERNMENT OF INDIA, MINISTRY OF RAILWAY,
(RAILWAY BOARD), RAIL BHAVAN, NEW DELHI-110001.
2 THE DIRECTOR GENERAL,
RAILWAY PROTECTION FORCE, MINISTRY OF RAILWAYS (RAILWAY
BOARD), RAIL BHAVAN, NEW DELHI-110001.
3 THE PRINCIPAL CHIEF SECURITY COMMISSIONER,
RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY HEADQUARTERS,
MOORE MARKET COMPLEX, PARK TOWN P.O., CHENNAI-600003.
4 THE DIVISIONAL SECURITY COMMISSIONER,
RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY, TRIVANDRUM
DIVISION, THYCAUD P.O., TRIVANDRUM-695014.
5 SRI. A.K. PRINCE, POST COMMANDER, (EARLIER DESIGNATION-
INSPECTOR OF PROTECTION FORCE), RAILWAY PROTECTION FORCE,
SOUTHERN RAILWAY, ALUVA RAILWAY STATION, ALUVA-683101,
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W.P(C) No.37179 of 2018
and con.cases 2025:KER:50821
ERNAKULAM DISTRICT.
6 THE ADDITIONAL CHIEF SECURITY COMMISSIONER,
RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY HEADQUARTERS,
MOORE MARKET COMPLEX, PARK TOWN P.O., CHENNAI-600003.
7 SRI. RAJNISH KUMAR TRIPATHI,
SENIOR DIVISIONAL SECURITY COMMISSIONER,
RAILWAY PROTECTION FORCE, JODHPUR DIVISION,
NORTH WESTERN RAILWAY, RAJASTHAN-342001.
ADDRESS OF R7 CHANGED AS
SHRI RAJNISH KUMAR TRIPATHI, SENIOR DIVISIONAL SECURITY
COMMISSIONER OFFICE OF THE SR.DIVISIONAL SECURITY
COMMISSIONER, RAILWAY PROTECTION FORCE,
HOWRAH DIVISION, EASTERN RAILWAY, 3RD FLOOR,
NEW COMPLEX BUILDING, HOWRAH-711 101.
AS PER ORDER DATED 19-09-2019 IN IA 1/2019
BY SRI.K.SHRI HARI RAO, SC, RAILWAYS
BY SRI.S.BIJU
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.07.2025,
ALONG WITH WP(C).37179/2018 AND CONNECTED CASES, THE COURT ON
11.07.2025 DELIVERED THE FOLLOWING:
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and con.cases 2025:KER:50821
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 11TH DAY OF JULY 2025 / 20TH ASHADHA, 1947
WP(C) NO.7355 OF 2019
PETITIONER:
P.R.SUNIL KUMAR, AGED 50 YEARS,
(NOT PLACED UNDER SUSPENSION) S/O.RAVINDRAN NAIR,
CONSTABLE/RAILWAY/PROTECTION FORCE, SOUTHERN RAILWAY/
GURUVAYOOR RAILWAY STATION, RESIDING AT
RADHAKRISHNAVILASAM, VALLUVALLI, KOONAMMAVU P.O.,
ERNAKULAM DISTRICT, PIN-683518.
BY ADVS.
SHRI.T.C.GOVINDASWAMY
SMT.KALA T.GOPI
RESPONDENTS:
1 THE UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
MINISTRY OF RAILWAYS(RAILWAY BOARD), RAIL BHAVAN,
NEW DELHI-110001.
2 THE DIRECTOR GENERAL,
RAILWAY PROTECTION FORCE, MINISTRY OF RAILWAYS(RAILWAY
BOARD), RAIL BHAVAN, NEW DELHI-110001.
3 THE PRINCIPAL CHIEF SECURITY COMMISSIONER,
RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY HEADQUARTERS,
MOORE MARKET COMPLEX, PARK TOWN .P.O, CHENNAI-600003.
4 THE DIVISIONAL SECURITY COMMISSIONER,
RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY, TRIVANDRUM
DIVISION, THYCAUD.P.O., TRIVANDRUM-695014.
5 SRI.A.K.PRINCE,
POST COMMANDER, (EARLIER DESIGNATION- INSPECTOR OF
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W.P(C) No.37179 of 2018
and con.cases 2025:KER:50821
PROTECTION FORCE) RAILWAY PROTECTION FORCE, SOUTHERN
RAILWAY ALUVA RAILWAY STATION, ALUVA-683101 ERNAKULAM
DISTRICT.
6 THE ADDITIONAL CHIEF SECURITY COMMISSIONER
RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY HEADQUARTERS,
MOORE MARKET COMPLEX, PARK TOWN P.O., CHENNAI-600003.
7 SHRI.RAJNISH KUMAR TRIPATHI
SENIOR DIVISIONAL SECURITY COMMISSIONER, RAILWAY
PROTECTION FORCE, JODHPUR DIVISION NORTH WESTERN RAILWAY,
RAJASTHAN-342001. (CORRECTED)
RAJNISH KUMAR TRIPATHI, SENIOR DIVISIONAL SECURITY
COMMISSIONER OFFICE OF THE SR.DIVISIONAL SECURITY
COMMISSIONER, RAILWAY PROTECTION FORCE, HOWRAH DIVISION,
EASTERN RAILWAY, 3RD FLOOR, NEW COMPLEX BUILDING,
HOWRAH - 711 101.
ADDRESS OF R7 IS CORRECTED AS PER ORDER DATED 19.09.19 IN
I.A.NO.1/19 IN WP(C)7355/19.
BY ADV SRI.K.SHRI HARI RAO, SC, RAILWAYS
BY SRI. S.BIJU
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.07.2025,
ALONG WITH WP(C).37179/2018 AND CONNECTED CASES, THE COURT ON
11.07.2025 DELIVERED THE FOLLOWING:
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W.P(C) No.37179 of 2018
and con.cases 2025:KER:50821
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 11TH DAY OF JULY 2025 / 20TH ASHADHA, 1947
WP(C) NO. 8601 OF 2019
PETITIONER:
C.S.SAJI, AGED 48 YEARS,
S/O. C.K. SEKHARAN, CONSTABLE RAILWAY PROTECTION FORCE,
SOUTHERN RAILWAY/ERANKULAM NORTH RAILWAY STATION,
PERMANENT ADDRRESS, CHOORAVELIL, KURUVAMOOZHY P.O.,
ERUMELI, KOTTAYAM - 686 509.
BY ADVS.
SHRI.T.C.GOVINDASWAMY
SMT.KALA T.GOPI
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE
GOVERNMENT OF INDIA, MINISTRY OF RAILWAYS,
RAILWAY BOARD, RAIL BHAVAN, NEW DELHI 110 001.
2 THE DIRECTOR GENERAL, RAILWAY PROTECTION FORCE,
MINISTRY OF RAILWAYS, RAILWAY BOARD, RAIL BHAVAN,
NEW DELHI 110 001.
3 THE PRINCIPAL CHIEF, SECURITY COMMISSIONER,
RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY HEADQUARTERS
MOORE MARKET COMPLEX, PARK TOWN P.O., CHENNAI 600 003.
4 THE DIVISIONLA SECURITY COMMISSIONER,
RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY, TRIVANDRUM
DIVISION, THYCAUD P.O., TRIVANDURM - 695 014.
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5 SHRI A.K. PRINCE
POST COMMANDER, EARLIER DESIGNATION INSPECTOR OF
PROTECTION FORCE RAILWAY PROTECTION FORCE, SOUTHERN
RAILWAY ALUVA RAILWAY STATION ALUVA 683 101, ERNAKULAM
DISTRICT.
6 THE ADDITIONAL CHIEF SECURITY COMMISSIONER,
RAILWAY PROTECTION FORCE SOUTHERN RAILWAY HEADQUARTERS,
MOORE MARKET COMPLEX, PART TOWN P.O., CHENNAI 600 003.
7 SHRI RAJNISH KUMAR TRIPATHI,
SENIOR DIVISIONAL SECURITY COMMISSIONER,
RAILWAY PROTECTION FORCE, JODHPUR DIVISION NORTH WESTERN
RAILWAY, RAJASTHAN - 342 001.
BY ADV SRI.K.SHRI HARI RAO, SC, RAILWAYS
BY SRI.S.BIJU
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.07.2025,
ALONG WITH WP(C).37179/2018 AND CONNECTED CASES, THE COURT ON
11.07.2025 DELIVERED THE FOLLOWING:
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and con.cases 2025:KER:50821
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 11TH DAY OF JULY 2025 / 20TH ASHADHA, 1947
WP(C) NO. 8610 OF 2019
PETITIONER:
J.JOHNSON, AGED 48 YEARS,
S/O.P.JOHN, CONSTABLE/RAILWAY PROTECTION FORCE,
SOUTHERN RAILWAY/CHANGANASSERY RAILWAY STATION,
RESIDING AT KADAYIL ADENS, MULAVANA P.O.,
PALLIARA, KUNDARA VIA KOLLAM DISTRICT - 691 502.
BY ADVS.
SHRI.T.C.GOVINDASWAMY
SMT.KALA T.GOPI
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY THE SECRETARY
TO THE GOVERNMENT OF INDIA, MINISTRY OF RAILWAYS,
RAILWAY BOARD, RAIL BHAVAN, NEW DELHI - 110 001.
2 THE DIRECTOR GENERAL,
RAILWAY PROTECTION FORCE, MINISTRY OF RAILWAYS,
RAILWAY BOARD, RAIL BHAVAN, NEW DELHI - 110 001.
3 THE PRINCIPAL CHIEF SECURITY COMMISSIONER,
RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY HEADQUARTERS,
MOORE MARKET COMPLEX, PART TOWN P.O., CHENNAI - 600 003.
4 THE DIVISIONAL SECURITY COMMISSIONER,
RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY,
TRIVANDRUM DIVISION, THYCAUD P.O., TRIVANDRUM 695 014.
5 SHRI. A.K. PRINCE, POST COMMANDER, EARLIER DESIGNATION
INSPECTOR OF PROTECTION FORCE, RAILWAY PROTECTION FORCE
SOUTHERN RAILWAY, ALUVA RAILWAY STATION, ALUVA 683 101.
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ERNAKULAM DISTRICT.
6 THE ADDITIONAL CHIEF SECURITY COMMISSIONER,
RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY HEADQUARTERS,
MOORE MARKET COMPLEX, PART TOWN P.O., CHENNAI - 600 003.
7 SHRI.RAJNISH KUMAR TRIPATHI,
SENIOR DIVISIONAL SECURITY COMMISSIONER,
RAILWAY PROTECTION FORCE, JODHPUR DIVISION,
NORTH WESTERN RAILWAY RAJASHTHAN - 342 001.
BY SRI.K.SHRI HARI RAO, SC, RAILWAYS
BY SRI.S.BIJU
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.07.2025,
ALONG WITH WP(C).37179/2018 AND CONNECTED CASES, THE COURT ON
11.07.2025 DELIVERED THE FOLLOWING:`
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 11TH DAY OF JULY 2025 / 20TH ASHADHA, 1947
WP(C) NO. 26004 OF 2019
PETITIONER:
G.PRADEEP, AGED 48 YEARS,
S/O.K.GOPINATHAN, HEAD CONSTABLE/RAILWAY PROTECTION
FORCE, SOUTHERN RAILWAY/KOLLAM RAILWAY STATION,
RESIDING AT SANTHA MANDIRAM, PALACHIRA P.O.,
DALAVAPURAM, CHERUNNIYOOR, VARKALA-695142.
BY ADVS.
SHRI.T.C.GOVINDASWAMY
SMT.KALA T.GOPI
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO THE
GOVERNMENT OF INDIA, MINISTRY OF RAILWAYS (RAILWAY
BOARD), RAIL BHAVAN, NEW DELHI-110001.
2 THE DIRECTOR GENERAL,
RAILWAY PROTECTION FORCE, MINISTRY OF RAILWAY (RAILWAY
BOARD), RAIL BHAVAN, NEW DELHI-110001.
3 THE PRINCIPAL CHIEF SECURITY COMMISSIONER,
RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY HEADQUARTERS,
MOORE MARKET COMPLEX, PARK TOWN P.O., CHENNAI-600003.
4 THE DIVISIONAL SECURITY COMMISSIONER,
RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY,
TRIVANDRUM DIVISION, THYCAUD P.O., TRIVANDRUM-695014.
5 A.K.PRINCE, POST COMMANDER, (EARLIER DESIGNATION -
INSPECTOR OF PROTECTION FORCE) RAILWAY PROTECTION FORCE,
SOUTHERN RAILWAY, ALUVA RAILWAY STATION, ALUVA-683101.
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6 THE ADDITIONAL CHIEF SECURITY COMMISSIONER,
RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY HEADQUARTERS,
MOORE MARKET COMPLEX, PARK TOWN P.O., CHENNAI-600003.
7 RAJNISH KUMAR TRIPATHI,
SENIOR DIVISIONAL SECURITY COMMISSIONER RAILWAY
PROTECTION FORCE, HOWRAH DIVISION, EASTERN RAILWAY, III
FLOOR, NEW COMPLEX BUILDING, HOWRAH-711101.
BY ADVS.
SRI.S.ANANTHAKRISHNAN, SC, RAILWAYS
SHRI.S.BIJU, CGC
BY SRI.K.SHRI HARI RAO, SC, RAILWAYS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.07.2025,
ALONG WITH WP(C).37179/2018 AND CONNECTED CASES, THE COURT ON
11.07.2025 DELIVERED THE FOLLOWING:
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JUDGMENT
[WP(C) Nos.37179/2018, 2427/2019, 7418/2019,
7355/2019, 8601/2019, 8610/2019 and 26004/2019]
These writ petitions are filed by the respective
petitioners who are stated to be working as Constables in
the Railway Protection Force (RPF), seeking to challenge
Exts.P1 penalty advice, P2 appellate order, and P3 revisional
order, respectively, in the writ petitions.
2. For ease of reference, the facts as borne out of
W.P(C) No.37179 of 2018 are referred to here:
The petitioner, while working as a Constable in the
RPF, was subjected to disciplinary action following an
incident that occurred on the night of 14.08.2014. A
reading of Ext.P1 penalty advice as well as Ext.P6 charge
memo would show that one officer who was performing as
Parade Commander from 10.08.2014 onwards, and also for
the final parade on the Independence Day on 15.08.2014
was found in an intoxicated state, when pursuant to certain
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the Divisional Security Commissioner (DSC) was conducting
night rounds in the Thiruvananthapuram Railway Station.
The Assistant Security Commissioner (ASC), who also went
to the place, found the afore Parade Commander in an
intoxicated state. When the afore officer was directed to
appear for a medical examination pursuant to his drunken
state, it is stated that he not only refused to co-operate but
also misbehaved with the ASC. Later at about 23:45 hours,
a group of RPF staff, including the petitioner also questioned
the authority of the ASC, misbehaved and prevented the
authorities from sending the Parade Commander for
medical examination, pursuant to which, the Parade
Commander managed to escape from the spot. With
reference to the CCTV footages, the involvement of the
petitioners has been identified, and they have been charged
for serious misconduct such as insubordination, using
criminal force, unruly behavior, etc. After conducting a
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in Grade pay from Rs.2,800 to 2,400/- for a period of three
years with cumulative effect in pay band Rs.5,200-20,200/-
with immediate effect was ordered. Though an appeal was
preferred, by Ext.P2, the appellate authority has sought to
reject the same. Further revision to the Government is also
rejected by the order at Ext.P3. It is pursuant to the afore
that the captioned writ petitions have been filed by the
respective petitioners.
3. I have heard Sri.Govindaswamy, the learned
counsel for the petitioners and Sri.S.Biju and Sri.Shri Hari
Rao, the learned counsel for the respondents herein.
4. The sustainability or otherwise of the findings
contained in Exts.P1, P2, and P3 arises for consideration in
these writ petitions. The first contention raised by the
learned counsel for the petitioners is that the entire
proceedings were biased against them and hence require to
be set aside. According to him, though Ext.P13 judgment
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was passed by this Court on 23.02.2015, noticing the
contentions raised by the petitioners against the alleged
bias and the Chief Security Commissioner was designated
as the disciplinary authority for all purposes, by that time,
the entire enquiry proceedings were over. This Court is not
in a position to accept the afore contention for the following
reasons. It is true that the petitioners had filed writ petitions
before this Court, pointing out bias insofar as the DSC was
a witness, when the enquiry was being carried out by a
Junior Officer. In such circumstances, this Court in
paragraph 6 of Ext.P13 judgment directed that the Chief
Security Commissioner (CSC) shall act as a disciplinary
authority for all purposes. Such a direction was issued,
noticing the contention raised by both sides that the
examination of witnesses was over, and the 4th respondent,
DSC, was not a witness at all. It is in such circumstances
that this Court refused to interfere with the ongoing
disciplinary proceedings, however, directing that the CSC
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shall act as the disciplinary authority. The petitioners were
also permitted to point out any particular instances of
complaint before the CSC, who was to look into the afore
aspect/s. On the face of the afore, I am of the opinion that
the contention of bias raised by the petitioners is not to be
accepted and the same would stand rejected.
5. The second contention raised by the learned
counsel for the petitioners is with reference to the alleged
violation of principles of natural justice insofar as the CCTV
footage was not provided to the petitioners. However, a
perusal of Ext.P14, the copy of the witness’s deposition,
shows that the CCTV footage was provided to the petitioner,
and questions were raised based on that footage. In the
light of the afore, I am of the opinion that the contention
regarding non-supply of CCTV footage is not to be
entertained.
6. It is further contended that though the petitioners
sought various details pursuant to Ext.P8 letter, the majority
20
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have not been provided to the petitioners as seen from
Ext.P9. Similarly, the petitioners raised a contention that
the entire controversy arose pursuant to the night rounds
by the DSC in the Thiruvananthapuram Railway Station
pursuant to a bomb threat, and the details of the threat
have not been provided to the petitioners and are also not
seen included in the impugned proceedings. He would
further contend that even the Parade Commander, who was
found in an alleged intoxicated state, was “off duty” and
hence, the entire proceedings were without any basis. In
my opinion, the afore three contentions would not entitle
the petitioners to challenge the proceedings insofar as the
allegation against the petitioners is with reference to the
excesses noticed as above. Assuming that there was no
bomb threat and that the Parade Commander was off duty,
when it is recorded that the superior authority directed the
Parade Commander to subject himself to medical
examination for the reasons noticed earlier, the petitioners
21
W.P(C) No.37179 of 2018
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had no business to interfere in any manner, leading to the
Parade Commander escaping from the scene. Therefore, the
charges against the petitioners, as already noticed, were
with reference to misconduct, insubordination, etc.,
contravening various provisions of the Railway Protection
Force Rules, 1987. Furthermore, this Court notices that the
reason for not handing over certain documents has been
explained specifically in Ext.P9. This Court notices further
that Ext.P1 has been issued with reference to only those
documents referred to in the charge memo at Ext.P6.
7. Therefore, I am opinion that the petitioners are not
entitled to challenge the proceedings on account of the
three reasons noticed as above.
8. The learned counsel for the petitioners further
contended that there was no evidence to implicate the
petitioners. But, I notice that as many as 24 documents
have been relied on in Ext.P6 charge memo, and evidence
of various witnesses has been adduced, that too after
22
W.P(C) No.37179 of 2018
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providing the petitioners an opportunity to cross-examine
them. The evidence of PW1 is very relevant as the said
witness has identified the petitioners and also stated the
nature of their involvement.
9. Sri.Govindaswamy, the learned counsel for the
petitioners, sought to rely on various judgments of the Apex
Court as well as this Court in support of the contention that
substantive rules forming part of the principles of natural
justice have been ignored in the case at hand (Central
Bank of India Ltd. v. Prakash Chand Jain [AIR 1969
SC 983]; Maharana Pratap Singh v. State of Bihar
[2025 KHC Online 6382]; State of Uttar Pradesh v.
Ram Prakash Singh [2025 KHC Online 6383];
Sankaran Namboothiri P. v. Kerala State Financial
Enterprises Ltd. [2025 KHC Online 494]), etc. On the
doctrine of bias applicable to the case at hand, he relied on
Kumaon Mandal Vikas Nigam Ltd. v. Girija Shankar
Pant and Others [(2001) 1 SCC 182] and on the reliance
23
W.P(C) No.37179 of 2018
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placed on the CCTV footages without satisfying the
mandatory requirement under the Indian Evidence Act, he
relied on Anvar P.V. v. P.K.Basheer and others [2014
KHC 4602], Ravinder Singh @ Kaku v. State of Punjab
[2022 KHC Online 6492] and Chandrabhan Sudam
Sanap v. State of Maharashtra [2025 KHC Online
6077].
10. However, there is no violation of principles of
natural justice in the case at hand, as already noticed earlier
and hence, the judgments relied on by the learned counsel
for the petitioners would not have any application to the
case at hand. Similarly, the challenge on the basis of bias
has already been turned down by the judgment at Ext.P13.
As regards the alleged failure to follow the provisions of
Evidence Act as regards the certification required for relying
on the CCTV footages, I am of the opinion, since the
involvement of the petitioners are otherwise proved on the
basis of evidence of witnesses; much reliance cannot be
24
W.P(C) No.37179 of 2018
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placed on the decisions relied on by Sri.Govindaswamy, the
learned counsel for the petitioners.
11. In this connection, I also notice the judgment of
Apex Court in State Bank v. A.G.D. Reddy [(2023) 14
SCC 391], wherein the Apex Court with reference to the
scope of judicial review in cases of like nature have found
that review of the decision as if it is an appeal, is not
permissible and if the records reveal that findings are based
on some evidence, the writ court is not to reappreciate the
same. In view of the afore, l am of the opinion that the
challenge against lack of evidence is also to be repelled.
This Court also notices Union of India and Others v.
Dalbir Singh [(2021) 11 SCC 321] wherein the Apex
Court also held that the burden of proof in the departmental
proceedings and criminal trial is different. With reference to
the disciplinary proceedings against a Constable in the
CRPF, the Apex Court found that the scope for interference
under Article 226 of the Constitution is very limited.
25
W.P(C) No.37179 of 2018
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12. Apart from all the above, I am of the opinion that,
admittedly, petitioners were the Constables in the RPF – a
uniformed force. As regards the uniformed forces, the
challenge against disciplinary proceedings is not to be with
reference to the principles governing disciplinary enquiry in
other wings of the Government. If there is no discipline in
a uniformed force, the said organisation would not be able
to function. Going by the documents forming part of the
paper book, I am of the opinion that the various charges
levelled against the petitioners have been proved and the
penalty imposed upon them cannot be said to be
disproportionate also. In such circumstances, I am of the
opinion that petitioners are not entitled to any of the reliefs.
Resultantly, these writ petitions would stand
dismissed.
Sd/-
HARISANKAR V. MENON
JUDGE
ln
26
W.P(C) No.37179 of 2018
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APPENDIX OF WP(C) 2427/2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF PENALTY ADVICE ISSUED BY THE 3RD
RESPONDENT UNDER NO.VXP/227/R.153/09/14 DATED
28.7.2015.
EXHIBIT P2 TRUE COPY OF APPELLATE ORDER BEARING
NO.VXP/227/153/09/14 DATED 22.7.2016 WITH ITS
ENCLOSURES COMMUNICATED BY THE 4TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF REVISION ORDER BEARING
VXP/227/153/09/14 DATED 24.7.2018 WITH ITS
ENCLOSURES COMMUNICATED BY THE 4TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF ORDER OF SUSPENSION ISSUED BY THE
4TH RESPONDENT UNDER NO.VXP/227/153/14 DATED
15.8.2014.
EXHIBIT P5 TRUE COPY OF MEMORANDUM BEARING
NO.VXP/227/153/MISC/14 DATED 15.8.2014, ISSUED
BY THE 4TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF REPRESENTATION DATED 28.8.2014
SUBMITTED TO THE 4TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF CHARGE MEMO BEARING
NO.VXP/227/153/09/14 DATED 9.9.2014 ISSUED BY
THE 4TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF ORDER BEARING NO.ERS/DAR/01/2014
DATED 11.10.2014 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P9 TRUE COPY OF LETTER DATED 23.10.2014 SUBMITTED
TO THE INQUIRY OFFICER.
EXHIBIT P10 TRUE COPY OF LETTER BEARING NO.ERS/DAR/01/2014
DATED 28.10.2014, ISSUED BY THE 5TH RESPONDENT
EXHIBIT P11 TRUE COPY OF LETTER BEARING NO.ERS/DAR/01/2014
DATED 1.11.2014 ISSUED BY THE 5TH RESPONDENT.
27
W.P(C) No.37179 of 2018
and con.cases 2025:KER:50821 EXHIBIT P12 TRUE COPY OF REVISION PETITION DATED 03RD
NOVEMBER 2014, ADDRESSED TO THE 6TH RESPONDENT.
EXHIBIT P13 TRUE COPY OF ORDER BEARING NO.ERS/DAR/01/14
DATED 4.12.2014, ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P14 TRUE COPY OF JUDGMENT DATED 23 FEBRUARY 2015 IN
WP(C) NO.35410/2014 (A) RENDERED BY THIS
HON’BLE COURT.
EXHIBIT P15 TRUE COPY OF PROCEEDINGS OF THE INQUIRY
CONDUCTED BY THE 5TH RESPONDENT ON VARIOUS
DATES.
EXHIBIT P16 TRUE COPY OF DEFENCE STATEMENT SUBMITTED ON
3.3.2015 TO THE 5TH RESPONDENT.
EXHIBIT P17 TRUE COPY OF INQUIRY REPORT COMMUNICATED TO THE
PETITIONER BY THE 3RD RESPONDENT UNDER LETTER
NO.VXP/227/R.053/10/14 DATED 30.5.2015.
EXHIBIT P18 TRUE COPY OF OBJECTIONS TO THE FINDINGS OF THE
INQUIRY OFFICER DATED 30.6.2015, SUBMITTED BY
THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P19 TRUE COPY OF INTERIM ORDER IN WP(C)
NO.18843/2015 DATED 01 JULY 2015 RENDERED BY
THIS HON’BLE COURT.
EXHIBIT P20 TRUE COPY OF DETAILED APPEAL ADDRESSED TO THE
2ND RESPONDENT, DIRECTOR GENERAL, DATED
30.8.2015.
EXHIBIT P21 TRUE COPY OF REVISION PETITION DATED 7.11.2016,
SUBMITTED TO THE HON’BLE MINISTER FOR STATE,
RAILWAYS.
EXHIBIT P22 TRUE COPY OF LETTER BEARING NO.VXP/227/153/08-
17/14 DATED 8.2.2017 ISSUED BY THE 4TH
RESPONDENT.
EXHIBIT P23 TRUE COPY OF REVISION PETITION ADDRESSED THE
MEMBER STAFF, RAILWAY BOARD, DATED 16.2.2017.
EXHIBIT P24 TRUE COPY OF COMMUNICATION BEARING 28 W.P(C) No.37179 of 2018 and con.cases 2025:KER:50821
NO.VXP/227/153/08-17/14 DATED 3.8.2017, ISSUED
BY THE 4TH RESPONDENT.
EXHIBIT P25 TRUE COPY OF REPRESENTATION DATED 20.9.2017,
ADDRESSED TO THE MEMBER (STAFF), RAILWAY BOARD,
& EX-OFFICIO SECRETARY TO THE GOVERNMENT OF
INDIA.
EXHIBIT P26 TRUE COPY OF COMMUNICATION BEARING
NO.ERN/25/MISC/2017 DATED 24.10.2017, ISSUED BY
THE 5TH RESPONDENT.
EXHIBIT P27 TRUE COPY OF DETAILED REVISION PETITION DATED
1.11.2017, ADDRESSED TO THE HON’BLE MINISTER
FOR RAILWAYS.
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W.P(C) No.37179 of 2018
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APPENDIX OF WP(C) 7418/2019
PETITIONER’S EXHIBITS:
EXHIBIT P1 TRUE COPY OF PENALTY ADVICE ISSUED BY THE 3RD
RESPONDENT UNDER NO.VXP/227/R.153/11/14 DATED
28/07/2015.
EXHIBIT P2 TRUE COPY OF APPELLATE ORDER BEARING
NO.2016/SEC.(E)/DAR-3/5 DATED 21/02/2016 ISSUED
BY THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF REVISION ORDER BEARING
NO.2018/SEC.(E)/DAR/3/2 DATED 08/05/2018.,
ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF ORDER OF SUSPENSION ISSUED BY THE
4TH RESPONDENT UNDER NO.,VXP/227/153/14 DATED
15/08/2014.
EXHIBIT P5 TRUE COPY OF MEMORANDUM BEARING
NO.VXP/227/153/MISC/14 DATED 15/08/2014, ISSUED
BY THE 4TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF MAJOR PENALTY CHARGE MEMO UNDER
NO.VXP/227/153/11/14 DATED 09/09/2014 ISSUED BY
THE 4TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF ORDER BEARING NO.ERS/DAR/01/2014
DATED 11/10/2014, ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF LETTER BEARING NO.ERS/DAR/01/2014
DATED 01/11/2014, ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P9 TRUE COPY OF REVISION PETITION DATED 3RD
NOVEMBER 2014, ADDRESSED TO THE 6TH RESPONDENT.
EXHIBIT P10 TRUE COPY OF ORDER BEARING NO.ERS/DAR/01/14
DATED 04/12/2014, ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P11 TRUE COPY OF PROCEEDINGS OF THE INQUIRY
CONDUCTED BY THE 5TH RESPONDENT ON VARIOUS
DATES.
EXHIBIT P12 TRUE COPY OF DEFENCE STATEMENT SUBMITTED ON 30 W.P(C) No.37179 of 2018 and con.cases 2025:KER:50821 26/02/2015 TO THE 5TH RESPONDENT.
EXHIBIT P13 TRUE COPY OF INQUIRY REPORT COMMUNICATED TO THE
PETITIONER BY THE 3RD RESPONDENT UNDER LETTER
NO.VXP/227/R.153/11/14 DATED 30/05/2015.
EXHIBIT P14 TRUE COPY OF OBJECTIONS TO THE FINDINGS OF THE
INQUIRY OFFICER DATED 30/06/2015, SUBMITTED BY
THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P15 TRUE COPY OF DETAILED APPEAL ADDRESSED TO THE
2ND RESPONDENT, DIRECTOR GENERAL, DATED
30/08/2015.
EXHIBIT P16 TRUE COPY OF LETTER BEARING NO.VXP/227/153/08-
17/14 DATED 08/02/2017, ISSUED BY THE 4TH
RESPONDENT.
EXHIBIT P17 TRUE COPY OF REPRESENTATION DATED 20/09/2017,
ADDRESSED TO THE MEMBER (STAFF), RAILWAY BOARD
AND EX-OFFICIO SECRETARY TO THE GOVERNMENT OF
INDIA.
EXHIBIT P18 TRUE COPY OF DETAILED REVISION PETITION DATED
31/10/2017, ADDRESSED TO THE HON’BLE MINISTER
FOR RAILWAYS.
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APPENDIX OF WP(C) 7355/2019
PETITIONER’S EXHIBITS:
EXHIBIT P1 TRUE COPY OF PENALTY ADVICE ISSUED BY THE 3RD
RESPONDENT UNDER NO.VXP/227/R.153/17/14 DATED
29.07.2015.
EXHIBIT P2 TRUE COPY OF APPELLATE ORDER BEARING
NO.2016/SEC.(E)/DAR-3/11 DATED 21/02/2016,
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF REVISION ORDER BEARING
NO.2018/SEC.(E)/DAR/3/2 DATED 08/05/2018,
ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF MAJOR PENALTY CHARGE MEMO UNDER
NO.VXP/227/153/17/14 DATED 09/09/2014, ISSUED
BY THE 4TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE ORDER BEARING
NO.ERS/DAR/01/2014 DATED 25/10/2014, ISSUED BY
THE 5TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE LETTER BEARING
NO.ERS/DAR/01/2014 DATED 25.10.2014, ISSUED BY
THE 5TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE LETTER BEARING
NO.ERS/DAR/01/2014 DATED 01.11.2014, ISSUED BY
THE 5TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE REVISION PETITION DATED 03
NOVEMBER 2014, ADDRESSED TO THE 6TH RESPONDENT
EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS OF THE INQUIRY
CONDUCTED BY THE 5TH RESPONDENT ON VARIOUS DATES
EXHIBIT P10 TRUE COPY OF THE DEFENCE STATEMENT SUBMITTED ON
26/02/2015 TO THE 5TH RESPONDENT.
EXHIBIT P11 TRUE COPY OF INQUIRY REPORT DATED NIL
COMMUNICATED TO THE PETITIONER BY THE 3RD
RESPONDENT IN JUNE 2015.
32
W.P(C) No.37179 of 2018
and con.cases 2025:KER:50821 EXHIBIT P12 TRUE COPY OF OBJECTION TO THE FINDING OF THE
INQUIRY OFFICER DATED 30.06.2015, SUBMITTED BY
THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P13 TRUE COPY OF DETAILED APPEAL ADDRESSED TO THE
2ND RESPONDENT, DIRECTOR GENERAL, DATED
30.08.2015.
EXHIBIT P14 TRUE COPY OF REPRESENTATION DATED 20.09.2017
ADDRESSED TO THE MEMBER (STAFF), RAILWAY BOARD,
& EX-OFFICIO SECRETARY TO THE GOVERNMENT OF
INDIA.
EXHIBIT P15 TRUE COPY OF DETAILED REVISION PETITION DATED
31.10.2017, ADDRESSED TO THE HON’BLE MINISTER
FOR RAILWAYS.
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W.P(C) No.37179 of 2018
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APPENDIX OF WP(C) 8601/2019
PETITIONER’S EXHIBITS:
EXHIBIT P1 TRUE COPY OF PENALTY ADVICE ISSUED BY THE 3RD
RESPONDENT UNDER NO. VXP/227/R.153/08/14 DATED
29.7.2015.
EXHIBIT P2 TRUE COPY OF APPELLATE ORDER BEARING NO.,
2016/SEC.E /DAR-3/8 DATED 21.2.2016, ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF REVISION ORDER BEARING NO.
2018/SEC.E /DAR/3/2 DATED 8.5.2018 ISSUED FROM
THE OFFICE OF THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF ORDER OF SUSPENSION ISSUED BY THE
4TH RESPONDENT UNDER NO. VXP/227/153/14 DATED
15.8.2014.
EXHIBIT P5 TRUE COPY OF MEMORANDUM BEARING NO.
VXP/227/153/MISC/14 DATED 15.8.2014, ISSUED BY
THE 4TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF MAJOR RENALITY CHARGE MEMO UNDER
NO. VXP/227/153/08/14 DATED 9.9.2014 ISSUED BY
THE 4TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF ORDER BEARING NO. ERS.DAR/01/2014
DATED 11.10.2014, ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF LETTER BERING NO. ERS/DAR/01/2014
DATED 25.10.2014, ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P9 TRUE COPY OF REVISION PETITION DATED 3RD
NOVEMBER 2014, ADDRESSED TO THE 6TH RESPONDENT.
EXHIBIT P10 TRUE COPY OF PROCEEDINGS OF HE INQUIRY CONDUCTED
BY THE 5TH RESPONDENT ON VARIOUS DATES.
EXHIBIT P11 TRUE COPY OF DE FENCE STATEMENT SUBMITTED ON
3.3.2015 TO THE 5TH RESPONDENT.
34
W.P(C) No.37179 of 2018
and con.cases 2025:KER:50821 EXHIBIT P12 TRUE COPY OF INQUIRY REPORT COMMUNICATED TO THE
PETITIONER BY THE 3RD RESPONDENT UNDER LETTER
NO. VXP/227/R.153/08/14 DATED 30.5.2015.
EXHIBIT P13 TRUE COPY OF OBJECTIONS TO THE FINDINGS OF THE
INQUIRY OFFICER DATED 30.6.2015 SUBMITTED BY
THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P14 TRUE COPY OF DETAILED APPEAL ADDRESSED TO THE
2ND RESPONDENT, DIRECTOR GENERAL, DATED
30.8.2015.
EXHIBIT P15 TRUE COPY OF REPRESENTATION DATED 20.9.2017
ADDRESSED TO THE MEMBER STAFF RAILWAY BOARD,
AND EX-OFFICIO SECRETARY TO THE GOVERNMENT OF
INDIA.
EXHIBIT P16 TRUE COPY OF DETAILED REVISION PETITION DATED
31.10.2017 ADDRESSED TO THE HON’BLE MINISTER
FOR RAILWAYS.
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W.P(C) No.37179 of 2018
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APPENDIX OF WP(C) 8610/2019
PETITIONER’S EXHIBITS:
EXHIBIT P1 TRUE COPY OF PENALTY ADVICE ISSUED BY THE 3RD
RESPONDENT UNDER NO. VXP/227/R.153/12/14 DATED
28.7.2015.
EXHIBIT P2 TRUE COPY OF APPELLATE ORDER BEARING NO.
2016/SEC.(E) /DAR-3/14 DATED 8.7.2016 ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF REVISION ORDER BERING NO.
2018/SEC.(E)/DAR/3/2 DATED 8.5.2018, ISSUED
FROM THE OFFICE OF THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF MAJOR PENALTY CHARGE MEMO UNDER
NO. VXP/227/153/12/14 DATED 9.9.2014, A TRUE
COPY OF WHICH ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF REVISION PETITION DATED 3RD
NOVEMBER 2014, ADDRESSED TO THE 6TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF PROCEEDINGS OF THE INQUIRY
CONDUCTED BY THE 5TH RESPONDENT ON VARIOUS
DATES.
EXHIBIT P7 TRUE COPY OF DE FENCE STATEMENT SUBMITTED ON
3.3.2015 TO THE 5TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF INQUIRY REPORT DATED NIL
COMMUNICATED TO THE PETITIONER BY THE 3RD
RESPONDENT ALONG WITH A LETTER BEARING NO.,
VXP/227/R.153/12/14 DATED 30.5.2015.
EXHIBIT P9 TRUE COPY OF OBJECTIONS TO THE FINDINGS OF THE
INQUIRY OFFICER DATED 30.6.2015, SUBMITTED BY
THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P10 TRUE COPY OF DETAILED APPEAL ADDRESSED TO THE
2ND RESPONDENT, DIRECTOR GENERAL, DATED
30.8.2015.
EXHIBIT P11 TRUE COPY OF REVISION PETITION SUBMITTED BY THE
PETITIONER ADDRESSED TO THE MEMBER STAFF,
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RAILWAY BOARD DATED 16.2.2017.
EXHIBIT P12 TRUE COPY OF REPRESENTATION DATED 29.9.2017
ADDRESSED TO THE MEMBER STAFF RAILWAY BOARD,
AND EX-OFFICIO SECRETARY TO THE GOVERNMENT OF
INDIA.
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W.P(C) No.37179 of 2018
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APPENDIX OF WP(C) 26004/2019
PETITIONER’S EXHIBITS:
EXHIBIT P1 TRUE COPY OF PENALTY ADVICE ISSUED BY THE 3RD
RESPONDENT UNDER NO.VXP/227/R.153/13/14 DATED
29.07.2015.
EXHIBIT P2 TRUE COPY OF APPELLATE ORDER BEARING
NO.2016/SEC.(E)/DAR-3/9 DATED 21.02.2016,
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF MAJOR PENALTY CHARGE MEMO UNDER
NO.VXP/227/153/13/14 DATED 09.09.2014 ISSUED BY
THE 4TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF REVISION PETITION DATED 03RD
NOVEMBER 2014, ADDRESSED TO THE 6TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF PROCEEDINGS OF THE INQUIRY
CONDUCTED BY THE 5TH RESPONDENT ON VARIOUS
DATES.
EXHIBIT P6 TRUE COPY OF DEFENCE STATEMENT SUBMITTED ON
28.02.2015 TO THE 5TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF INQUIRY REPORT COMMUNICATED TO THE
PETITIONER BY THE 3RD RESPONDENT UNDER LETTER
NO.VXP/227/R.153/13/14 DATED 30.05.2015.
EXHIBIT P8 TRUE COPY OF OBJECTIONS TO THE FINDINGS OF THE
INQUIRY OFFICER DATED 30.06.2015, SUBMITTED BY
THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P9 TRUE COPY OF DETAILED REVISION PETITION DATED
02.11.2017, ADDRESSED TO THE HON’BLE MINISTER
FOR RAILWAYS.
RESPONDENTS’ EXHIBITS:
EXHIBIT R4(A) TRUE COPY OF THE LETTER NO.ERS/DAR/01/2014
DATED 23.10.2014 BY THE ENQUIRY OFFICER TO THE
DIV SECURITY COMMISSIONER.
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W.P(C) No.37179 of 2018
and con.cases 2025:KER:50821
EXHIBIT R4(B) TRUE COPY OF THE LETTER NO. VXP/227/153/8 17/4
DATED 23.10.2014 BY THE DIV. SECURITY
COMMISSIONER TO THE ENQUIRY OFFICER.
EXHIBIT R4(C) TRUE COPY OF THE LETTER NO.X/P.227/1649-1658
DATED 01.08.2017 ISSUED BY THE 3RD RESPONDENT
TO THE PETITIONER.
EXHIBIT R4(D) A TRUE COPY OF THE LETTER
NO.NO.2016(SEC(E)/DAR-3/9 DATED 08.07.2016.
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APPENDIX OF WP(C) 37179/2018
PETITIONER’S EXHIBITS:
EXHIBIT P1 TRUE COPY OF PENALTY ADVICE ISSUED BY THE 3RD
RESPONDENT UNDER NO.VXP/227/R.153/10/14 DATED
28.7.2015.
EXHIBIT P2 TRUE COPY OF APPELLATE ORDER BEARING
NO.2016/SEC.(E)DAR-3/5 DATED 21.2.2016, ISSUED
BY THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF REVISION ORDER BEARING
NO.2018/SEC.(E)/DAR/3/2 DATED 8.5.2018, ISSUED
FROM THE OFFICE OF THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF ORDER OF SUSPENSION ISSUED BY THE
4TH RESPONDENT UNDER NO.VXP/227/153/14 DATED
15.8.2014.
EXHIBIT P5 TRUE COPY OF MEMORANDUM BEARING
NO.VXP/227/153/MISC/14 DATED 15.8.2014, ISSUED
BY THE 4TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF MAJOR PENALTY CHARGE MEMO UNDER
NO.VXP/227/153/10/14 DATED 9.9.2014 ISSUED BY
THE 4TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF ORDER BEARING NO.ERS/DAR/01/2014
DATED 11.10.2014, ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF LETTER DATED 23.10.2014, ADDRESSED
TO THE INQUIRY OFFICER.
EXHIBIT P9 TRUE COPY OF LETTER BEARING NO.ERS/DAR/01/2014
DATED 25.10.2014, ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P10 TRUE COPY OF LETTER BEARING NO.ERS/DAR/01/2014
DATED 1.11.2014, ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P11 TRUE COPY OF REVISION PETITION DATED 03 NOVEMBER
2014, ADDRESSED TO THE 6TH RESPONDENT.
EXHIBIT P12 TRUE COPY OF ORDER BEARING NO.ERS/DAR/01/14
DATED 4.12.2014, ISSUED BY THE 5TH RESPONDENT.
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W.P(C) No.37179 of 2018
and con.cases 2025:KER:50821 EXHIBIT P13 TRUE COPY OF JUDGMENT DATED 23 FEBRUARY 2015 IN
WPC.NO.35410/2014 (A) RENDERED BY THIS HON’BLE
COURT.
EXHIBIT P14 TRUE COPY OF PROCEEDINGS OF THE INQUIRY
CONDUCTED BY THE 5TH RESPONDENT ON VARIOUS
DATES.
EXHIBIT P15 TRUE COPY OF DEFENCE STATEMENT SUBMITTED ON
9.3.2015 TO THE 5TH RESPONDENT.
EXHIBIT P16 TRUE COPY OF INQUIRY REPORT COMMUNICATED TO THE
PETITIONER BY THE 3RD RESPONDENT UNDER LETTER
NO.VXP/227/R.153/10/14 DATED 30.5.2015.
EXHIBIT P17 TRUE COPY OF OBJECTIONS TO THE FINDINGS OF THE
INQUIRY OFFICER DATED 30.6.2015, SUBMITTED BY
THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P18 TRUE COPY OF INTERIM ORDER IN WPC.NO.18843/2015
DATED 01 JULY 2015 RENDERED BY THIS HON’BLE
COURT.
EXHIBIT P19 TRUE COPY OF DETAILED APPEAL ADDRESSED TO THE
2ND RESPONDENT, DIRECTOR GENERAL, DATED
30.8.2015.
EXHIBIT P20 TRUE COPY OF REVISION PETITION DATED 5.11.2016
SUBMITTED TO THE HON’BLE MINISTER FOR STATE,
RAILWAYS.
EXHIBIT P21 TRUE COPY OF LETTER BERING NO.ERN/DAR/25/2017
DATED 13.2.2017, ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P22 TRUE COPY OF REVISION PETITION ADDRESSED THE
MEMBER STAFF, RAILWAY BOARD, DATED 16.2.2017.
EXHIBIT P23 TRUE COPY OF COMMUNICATION BEARING
NO.VXP/227/153/08-17/14 DATED 3.8.2017, ISSUED
BY THE 4TH RESPONDENT.
EXHIBIT P24 TRUE COPY OF REPRESENTATION DATED 20.9.2017,
ADDRESSED TO THE MEMBER (STAFF), RAILWAY BOARD
& EX-OFFICIO SECRETARY TO THE GOVERNMENT OF
INDIA.
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W.P(C) No.37179 of 2018
and con.cases 2025:KER:50821 EXHIBIT P25 TRUE COPY OF COMMUNICATION BEARING
ERN/25/MISC/2017 DATED 24.10.2017, ISSUED BY
THE 5TH RESPONDENT.
EXHIBIT P26 TRUE COPY OF DETAILED REVISION PETITION DATED
31.10.2017, ADDRESSED TO THE HON’BLE MINISTER
FOR RAILWAYS.
EXHIBIT P27 TRUE COPY OF FINAL SUBMITTED BY THE KERALA
POLICE BEFORE THE HON’BLE CHIEF JUDICIAL
MAGISTRATE, TRIVANDRUM.