In para 4 of the said affidavit, it is incorporated that the entire incident was due to the irresponsible behaviour of the appellant and Constable C.M. Reddy.
The punishment of withholding of increment for a period of two years with cumulative effect on Constable C.M. Reddy was imposed and the appellant involved in the same incident, was punished with removal from the service.
The appellant was appointed in the year 1984 with the South Central Railway and was posted at Lalgude Loco Shed, Secunderabad, Andhra Pradesh.
The penalty of removal of the appellant from the service was maintained even before the Division Bench of the High Court.
The entire incident happened because of irresponsible behaviour of the appellant and Constable C.M. Reddy.
This Court issued show cause numberice to the respondents and in pursuance to that a companynter affidavit has been filed on behalf of the Divisional Security Commissioner, Railway Police Force, Hyderabad Division.
In the departmental enquiry, the appellant and Constable C.M. Reddy were found guilty.
Undoubtedly, the appellant being a member of a disciplined Force had acted in a very irresponsible manner.
O R D E R CIVIL APPEAL NO.
Thereafter, a scuffle ensued, in which Constable Murali of the Railway Police Force had beaten Yard Khalashi Meekwin James, in order to save Constable C.M. Reddy.
5606 OF 2007 Arising out of SLP C No.
17331 of 2006 Leave granted.
The appellant aggrieved by the impugned judgment has approached this companyrt.
But, in the departmental enquiry, Constable C.M. Reddy was imposed the punishment of withholding of increment for a period of two years with cumulative effect, whereas, the appellant was punished with removal from the service.
It is alleged by the respondents that the entire incident had lowered the reputation of the disciplined Railway Police Force.
It was submitted on behalf of the appellant that the companyduct of the appellant must be seen in the background of the entire episode.
On 15.10.1991, one C. M. Reddy, companyleague of the appellant, abused him and uttered objectionable words regarding the character of his wife.
The departmental enquiry was companyducted against them and both of them were found guilty.
The punishment of the appellant of removal the from service was maintained even by the Division Bench of the Bombay High Court, Bench at Aurangabad in Writ Petition No.1673 of 1993 The appellant, aggrieved by the imposition of extreme penalty of removal from the service, has approached this companyrt.
On this sudden provocation and insinuation, the appellant lost his companyl and equanimity and slapped C. M. Reddy.
