JASWANT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant/original petitioner was removed from service by an order dated 27. 2. 91 passed by the disciplinary authority on the charge that he unauthorisedly remained absent from duty for 332 days. His appeal before the appellate authority was also dismissed on 7. 10. 91. Hence, he filed the writ petition No. 76/92 before this Court which was dismissed by the learned Single Judge of this Court on 10. 12. 98. Hence, this special appeal.

(2.) THE appellant was serving as Constable in the police department and posted at Sri Ganganagar. He was served with a charge-sheet dated 23. 11. 89 for as many as four charges - (1) remaining absent from duty after the expiry of 3 days leave; (2) not complying with the transfer order dated 22. 5. 85 whereby he was transferred from District Churu to Jaipur and not resuming duty at the transferred place, (3) for remaining absent continuously for 332 days and (4) producing doubtful medical certificate.

(3.) NO doubt it is true that in Karunakar's case (supra), the Hon'ble Supreme Court held that whenever the service rules contemplate that before the penalty is awarded and when the enquiry officer is not a disciplinary authority, then delinquent employee will have a right to receive the enquiry officer's report irrespective of the fact whether he demanded the same or not.