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Sakshi S   30 July 2020

railway protection force

Ram was a Railway Protection force Officer against whom some allegation were made and
the same was dealt and the case was set closed (Under RPF (Railway Protection Force), the
cases are being dealt by the commandant, who acts as a Judge)
The commandant was transferred after dealing with Ram case which was set closed, and on
his place new commandant was appointed .
new commandent reviewed ram's case.
we have to find judgments on
1. Review can be done by the same judge only.
2. If judge is changed then review cannot be done by the new judge (even he is on the
same post/bench)


Learning

 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     30 July 2020

As per me, the Judge who has come in the place of old commandant can review the case.

Dr J C Vashista (Advocate)     31 July 2020

Originally posted by : Sakshi S
Ram was a Railway Protection force Officer against whom some allegation were made and the same was dealt and the case was set closed (Under RPF (Railway Protection Force), the cases are being dealt by the commandant, who acts as a Judge) The commandant was transferred after dealing with Ram case which was set closed, and on his place new commandant was appointed .new commandent reviewed ram's case. we have to find judgments on 1. Review can be done by the same judge only. 2. If judge is changed then review cannot be done by the new judge (even he is on the same post/bench)

@ Shakshi S,

You have stated inter alia, that, " .....some allegation were made and the same was dealt and the case was set closed ....'' what was the allegation vis-a-vis judgement/ order  passed and sentence awarded by the Commandant ? 

The term used as "set closed" is ambigous and vague.

Be clear and specific. 

G.L.N. Prasad (Retired employee.)     31 July 2020

If the employee received such written orders from his employers (Communication) informing the closure of charges, this can not be reopened on the same charges unless there are grounds for new findings/fraudulent dealings in closing the earlier case.

P. Venu (Advocate)     31 July 2020

Yes, the facts posted are incomplete.

Sudhir Kumar, Advocate (Advocate)     07 August 2020

pleaee know all the facts and then post.


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