and the four-wheeler and the motor-cycle were seized. It was subsequently found that the door of a wagon of the goods train standing at the Patharkhula Railway Station was open and some rice bags were lying near the wagon and some other bags were found loaded in the four-wheeler. The matter was informed to the superior authorities at about 1:45 A.M. on mobile phone. By 2:55 A.M. additional RPF force reached the spot and they conducted search in the nearby area with the help of torch-light and also interrogated the apprehended driver of the vehicle. On interrogation, the driver could not produce any valid document of the vehicle nor could he give satisfactory reply but disclosed the names of Golap Sarma, Head Constable (i.e. the appellant in WA 355/2021) and seven others as their accomplishes. They stated that the door of the wagon was opened in presence of three RPF staff. Accordingly, a case was registered under section 3(a) of the Railway Property (Unlawful Possession) Act, 1966. The appellants were placed under suspension on 12.04.2019. On 21.04.2019 Golap Sarma was arrested from Kochbehar, West Bengal, and the other accomplishes were arrested subsequently. At the same time, departmental proceedings were initiated against all the three persons. Meanwhile, all the appellants before this court were arrested and were released on bail. In the departmental proceeding, charges were framed against the appellants on 17.06.2019, which are as follows:
