Sanjeev Narula JUDGMENT
Sanjeev Narula, J.
1. The Petitioner has filed the present petition under Article 226 of the Constitution of India challenging the legality of the order dated 26th December 2014 passed by Director, Railway Protection Force (hereinafter referred to as 'RPF'), Railway Board, Ministry of Railways, Government of India.
2. By the impugned order, Director, RPF has imposed a penalty of withholding 30 percent monthly pension of the Petitioner for a period of five years under Rule 9 (1) of Railway Services (Pension) Rules, 1993 (hereinafter referred to as 'Pension Rules').
Factual Background
3. The order impugned in the present petition arises out of an inquiry conducted by the Respondents under Rule 9 of the Railway Servants (Discipline and Appeal) Rules, 1968 (hereinafter referred to as 'D & A Rules').
4. The genesis of the inquiry against the Petitioner was a complaint from one Shri Ashu Rathi, alleging that the Petitioner has caused harassment to him on 9th September 2008 at Aligarh. The complainant stated that he was running his firm by the name of Rathi Agriculture Industries, dealing with iron plates, for last thirteen years. He alleged that on 9th September 2008, he was called by one Shri Girdhari Lal with the message that some Railway Officer was asking for him. When he reached the office of Shri Girdhari Lal, he found one 'Sardar', who introduced himself as G.S. Sodhi, Assistant Security Commissioner, RPF, Tundla. Shri G.S. Sodhi (the Petitioner herein), put his hand around the complainant and took him in a corner and demanded money from him and promised that in return he would extend benefits which would profit the complainant. When Shri Rathi (the complainant) declined to accept such an offer, the Petitioner threatened him with dire consequences by implicating him in false criminal cases. The complainant, shocked by the behaviour of the Petitioner called office bearers of Local Vyapar Mandal and also persons from the media. Alarmed with the arrival of persons from the media and business communities, the Petitioner left the premises of Shri Girdhari Lal and went to a nearby godown of one Shri Gaurav Godani. The complainant reached the said godown along with the media personnel, including persons who were recording the incident on a video camera. Sensing trouble, the Petitioner embraced the complainant and said, "Let us end this matter here itself. Soon thereafter he left the godown in a vehicle bearing No. UP-80-U-8881 with a blue beacon light driven by a private person.
5. Shri Rathi also made a complaint to the police on similar lines alleging that the Petitioner had demanded Rs. 10,000/- per month from him. He also stated that Petitioner had threatened to implicate him in false criminal cases in case the demand was not met.
6. A preliminary inquiry was conducted by Senior DSC, RPF, Secunderabad. Despite several opportunities given to the Petitioner, he failed to attend the said inquiry. The complainant, corroborated by Shri Girdhari Lal Goyal and Shri Ravinder Singh re-affirmed his deposition before the Inquiry Officer. On the conclusion of the preliminary inquiry, strict disciplinary action was recommended against the Petitioner.
7. On 22nd October 2012, inquiry was initiated under the D&A Rules. A memorandum of charges was issued to the Petitioner for having failed to maintain absolute integrity, exhibiting lack of devotion to duty and for having acted in a manner unbecoming of a railway servant as per Rule 3.1 (i), (ii), (iii) of the Railway Services (Conduct) Rules, 1966 (hereinafter referred to as the 'Conduct Rules'). The competent authority appointed Shri Alok Kumar, the then Senior DSC as the Inquiry Officer.
8. The Petitioner yet again elected to stay away from the inquir........