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HC quashes RPF constable's dismissal order for inquiry conducted in Hindi 3/30/2018 10:32:08 PM Early Times Report Srinagar, Mar 30: The state high court has quashed an order dismissing a Constable in the Railway Protection Force in 2012 following an inquiry conducted in Hindi language, which was alien to the constable. In his plea, Mushtaq Ahmad Rather stated One Jagad Singh filed a frivolous complaint against him before the higher authorities alleging that he misbehaved with his daughter. The authorities initiated an enquiry in the matter against Mushtaq and, on the 13 August 2012, Roshan Lal Nagi was appointed as the Investigating Officer. He conducted a formal enquiry into the matter and issued the charge sheet against Mushtaq in the Hindi language, the language which Mushtaq was unable to read and understand. Mushtaq stated that the whole proceedings- the charge sheet, enquiry as well as the statements of the witnesses were recorded and conducted in the Hindi language. On 9 February 2013, the Investigating Officer completed the enquiry and submitted the final report to the disciplinary Authority. Mushtaq submitted that the disciplinary Authority demoted him by reducing him to the lowest stage of Constable RPF. Aggrieved, Mushtaq filed an appeal before the competent Authority. However, the appellate Authority enhanced the punishment and removed him from service, which decision was upheld in the second appeal filed by him. In his plea before the high court, Mushtaq challenged the order and sought quashment of the same. "In view of the factual position, coupled with the statement of the counsel for the parties, this writ petition is allowed, as a consequence of which, the impugned order of dismissal of (Mushtaq) bearing No. 26/RPF/DAR/153/ 2013 dated 22nd of July, 2013 is quashed," a bench of Justice M K Hanjura said and also directed the respondents to conduct a fresh enquiry against (Mushtaq) in a language with which (he) be well versed and conclude the same within a period of twelve weeks.   Share This News with Your Friends on Social Network     Comment on this Story

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