IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.957 of 2009 BHAGWAN PD.MANDAL S/O LATE MAHABIR PD. MANDAL R/O VILLAGE KHAWASPUR, P.O. KHAWASPUR, P.S. PIRPAITI, DISTRICT- BHAGALPUR ……….Appellant-Petitioner Versus 1. THE UNION OF INDIA THROUGH THE CHIEF SECURITY COMMISSIONER, RAILWAY PROTECTION FORCE, EAST CENTRAL RAILWAY HAZIPUR. 2. DEPUTY CHIEF SECURITY COMMISSIONER, RAILWAY PROTECTION FORCE EAST CENTRAL RAILWAY, HAZIPUR 3. DIVISIONAL SECURITY COMMISSIONER, RAILWAY PROTECTION FORCE, SONEPUR DISTRICT- CHAPRA (SARAN) 4. ASST. SECURITY COMMISSIONER, RAILWAY PROTECTION FORCE, EAST CENTRAL RAILWAY, BARAUNI ………….Respondents-Respondents ----------- 5. 15.10.2011 The present appeal has been filed against the order dated 22.06.2009 passed in C.W.J.C. No. 6874 of 2009 whereby the learned Single Judge dismissed the writ petition filed by the writ petitioner appellant herein questioning the order of punishment of demotions on the ground that he was also an accused as he being a Constable in the Railway Protection Force, was found to be inclubbed with the accused persons with regard to his involvement of theft of petroleum products while it was transited in railway wagon. Learned Single Judge has declined to interfere with the writ petition even though the contention has sought to be raised by the learned counsel for the appellant that his reply to second show cause has not been considered by the disciplinary authority. But in absence of any plea of prejudice being caused for non-consideration of reply of such show cause, we are of the opinion that this court has no authority to substitute the punishment as no case has been made out by the appellant. Under the above circumstances, we are of the opinion that the L.P.A. needs no interference. Accordingly the L.P.A. stands dismissed. Fahad. ( T.Meena Kumari, J. ) ( Vikash Jain, J. )