HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL NO. 483 OF 2011 Between: V. Ravinder S/o Veeramallu ………….Appellant AND The Divisional Security Commissioner, Railway Protection Force, and two others ………….Respondents JUDGMENT: (Per Hon'ble Sri Justice NOOTY RAMAMOHANA RAO) This Writ Appeal is directed against the judgment rendered by the learned Single Judge disposing of the Writ Petition. The writ petitioner/appellant joined the services of the Railway Protection Force as a Constable, to begin with. However, finding him to be unauthorizedly absent from duty from 26th October 1998 onwards, the Divisional Security Commissioner, Secunderabad passed an order on 6th April 2000, after holding an enquiry, dismissing him from service. An appeal is provided to the Deputy Chief Security Commissioner, Secunderabad, who dismissed the same by his order dated 19th July 2000. The revision preferred by the petitioner/appellant to the Chief Security Commissioner also failed on 27.11.2000. The claim of the petitioner/appellant is that he was seriously sick and he was receiving treatment at Government Ayurvedic Dispensary, Nekkonda, as a result, of which, he could not report to duty and only when he came to know that an enquiry was also conduced behind his back, he started taking steps to pursue the matter. The learned Single Judge after noticing Rule 156 of the Railway Protection Force Rules 1987, has come to the conclusion that the punishment of dismissal can be imposed in cases of conviction by a Criminal Court or for serious mis- conduct in attempting or abetting an offence against the railway property, or for discredible conduct affecting the image and reputation of the Force or neglect of duty resulting or likely to result in loss to the railways or danger to the lives of persons using the railways or on the grounds of insolvency or habitual indebtedness or for securing employment without fully disclosing his antecedents which would ordinarily be working against securing such employment. Hence, the learned judge came to the conclusion that the appropriate punishment would have been removal but not dismissal from service. The leaned Single Judge, therefore, set aside the order of revisional authority dated 27.11.2000 as well as the order of the appellate authority dated 19.7.2000 and modified the punishment imposed by the competent authority to that of removal from service. The learned counsel for the appellant would submit that having come to the conclusion that the punishment imposed by the competent authority is improper and is not in accordance with Rule 156 of the Railway Protection Force Rules 1987, the learned Single Judge ought to have set aside the impugned order in toto. It is not disputed before us that the petitioner/appellant was absent from duty from 26th October 1998 onwards. He was recruited to Railway Protection Force, which is recognised as an armed force of the Union. Unauthorised absence of members of Force, apart from causing great dislocation to work of the Force, will also allow indiscipline to breed amongst members of the Force, which will be incompatible and detrimental to the larger public interest. In our considered opinion, the misconduct of the writ petitioner to the extent that he was unauthorizedly absent from services has been rightly held established. However, imposition of appropriate punishment is the prerogative of the competent disciplinary authority or that of the appellate/revisional authorities, and it is for them to make an assessment as to what should be the appropriate punishment that should be imposed for the proven misconduct. It would therefore, be appropriate to set aside the orders passed by the appellate authority dated 19.7.2000 and the revisional authority dated 27.11.2000 and remit the matter back to the appellate authority for re- consideration and assessment as to the appropriate punishment that should be imposed against the petitioner. Accordingly, the Writ Appeal is allowed to the extent indicated supra. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J ________________________________ NOOTY RAMAMOHANA RAO, J DATE: 22 .12.2011 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.